R v Robert Leslie Watson (No 2) [2018] NSWDC 186

R v Robert Leslie Watson (No 2) [2018] NSWDC 186

The probative value of the Crown’s tendency evidence does not substantially outweigh its prejudicial effect regarding Count 1; evidence relating to Counts 2 and 3 is not admissible for Count 1. The charges are not of sufficiently similar character or connected, and joint trial would risk impermissible prejudice. Separate trial for Count 1 is thus ordered in the interests of justice.

Jurisdiction
Australia
Judgment Date
18 April 2018
Procedural Posture
Criminal / Pre Trial Ruling on Admissibility and Severance
Outcome
Crown application to adduce tendency evidence refused; separate trial for Count 1 ordered; evidence of witness to be given by audio visual link.
Legal Topics
['tendency Evidence' 'separate Trials' 'admissibility' 'sexual Offences']
['criminal Law' 'evidence'] ['tendency Evidence' 'separate Trials' 'admissibility' 'sexual Offences']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Pre Trial Ruling on Admissibility and Severance

Legal Issues

  1. 1 ['Whether tendency evidence should be admitted in relation to Count 1 and whether a separate trial for Count 1 should be ordered']

Ratio Decidendi

The probative value of the Crown’s tendency evidence does not substantially outweigh its prejudicial effect regarding Count 1; evidence relating to Counts 2 and 3 is not admissible for Count 1. The charges are not of sufficiently similar character or connected, and joint trial would risk impermissible prejudice. Separate trial for Count 1 is thus ordered in the interests of justice.

Court Disposition

Crown application to adduce tendency evidence refused; separate trial for Count 1 ordered; evidence of witness to be given by audio visual link.

Orders

  • ['Crown application to adduce tendency evidence is refused.' 'Separate trial to take place for Count 1 on the Indictment.' 'Leave granted for Crown to adduce evidence from Ms Lynne Soles by audio visual link.']