R v Hill [2019] NSWDC 513

R v Hill [2019] NSWDC 513

The evidence sought by the Crown is admissible in the trial, as it is highly probative of the accused's state of mind and forms part of a connected series of events, outweighing any unfair prejudice. Further, it is in the interests of justice for the trial to proceed before a judge alone given the publicity and complexity arising from multiple acts on the same day involving the same complainant.

Parties
Prosecution: DPP; Accused: Brett David Hill
Jurisdiction
Australia
Judgment Date
19 September 2019
Procedural Posture
Criminal / Pre Trial Ruling on Admissibility of Evidence and Application for Judge Alone Trial
Outcome
Evidence admitted; judge alone trial ordered
Legal Topics
Tendency Evidence, Admissibility of Evidence, Judge Alone Trial, Sexual Offences, Aggravated Sexual Assault, Kidnapping
Criminal Law Tendency Evidence Admissibility of Evidence Judge Alone Trial Sexual Offences Aggravated Sexual Assault Kidnapping

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Parties

DPP

Prosecution

Brett David Hill

Accused

Procedural Posture

Criminal / Pre Trial Ruling on Admissibility of Evidence and Application for Judge Alone Trial

Legal Issues

  1. 1 Whether the Crown's proposed evidence is admissible as tendency evidence or otherwise in the upcoming criminal trial
  2. 2 Whether a judge alone trial should be ordered in the interests of justice

Ratio Decidendi

The evidence sought by the Crown is admissible in the trial, as it is highly probative of the accused's state of mind and forms part of a connected series of events, outweighing any unfair prejudice. Further, it is in the interests of justice for the trial to proceed before a judge alone given the publicity and complexity arising from multiple acts on the same day involving the same complainant.

Court Disposition

Evidence admitted; judge alone trial ordered

Orders

  • I admit the evidence sought to be relied on by the Crown referred to in the application.
  • I order a judge alone trial.