R v JM [2020] NSWDC 179

R v JM [2020] NSWDC 179

The Crown's tendency evidence, describing the accused's sexual interest and conduct concerning four young siblings, is sufficiently specific and probative to justify cross-admissibility between complainants due to common features of age, familial relationship, context, and nature of alleged conduct within a confined period.

Jurisdiction
Australia
Judgment Date
06 May 2020
Procedural Posture
Criminal / Interlocutory Ruling on Admissibility of Tendency Evidence
Outcome
application to lead tendency evidence allowed
Legal Topics
['tendency Evidence' 'cross Admissibility' 'probative Value']
['criminal Law' 'evidence Law'] ['tendency Evidence' 'cross Admissibility' 'probative Value']

Case Brief

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Procedural Posture

Criminal / Interlocutory Ruling on Admissibility of Tendency Evidence

Legal Issues

  1. 1 ['whether tendency evidence as between complainants is too general' 'whether tendency evidence is of significant probative value' 'whether tendency evidence should be cross-admissible between complainants']

Ratio Decidendi

The Crown's tendency evidence, describing the accused's sexual interest and conduct concerning four young siblings, is sufficiently specific and probative to justify cross-admissibility between complainants due to common features of age, familial relationship, context, and nature of alleged conduct within a confined period.

Court Disposition

application to lead tendency evidence allowed

Orders

  • ['Crown permitted to use tendency evidence in relation to counts concerning each individual complainant and as cross-admissible between complainants']