Court of Criminal Appeal
Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: Crawford v R [2023] NSWCCA 8 Hearing dates: 3 February 2023 Date of orders: 3 February 2023 Decision date: 07 February 2023 Before: Beech-Jones CJ at CL at [1]; Davies J at [2]; Adamson J at [3] Decision: Refuse leave to appeal.
Catchwords: CRIME — Appeals — Appeal against refusal of application for separate trials — where applicant charged with multiple similar offences in same indictment — whether probative value of tendency evidence outweighed danger of unfair prejudice — whether separate trials are necessary to avoid danger of unfair prejudice — effect of directions
EVIDENCE — Admissibility — Tendency evidence — sexual offences
Legislation Cited: Criminal Appeal Act 1912 (NSW), s 5F
Evidence Act 1995 (NSW), ss 97, 97A, 101(2)
Criminal Procedure Act 1986 (NSW), ss 21, 29, 29A
Cases Cited: Category: Principal judgment Parties: Peter Albert Crawford (Applicant)
Rex (Respondent)Representation: Counsel:
Solicitors:
R Webb (Applicant)
G Newton SC / R O’Meagher (Respondent)
Clark McNamara Lawyers (Applicant)
Office of the Director of Public Prosecutions (Respondent)
File Number(s): 2020/359286; 2021/83687 Decision under appeal
- Court or tribunal:
- District Court
- Jurisdiction:
- Criminal
- Date of Decision:
- 26 August 2022
- Before:
- Shead SC DCJ
- File Number(s):
- 2020/359286; 2021/83687
HEADNOTE
[This headnote is not to be read as part of the judgment]
Peter Crawford stands charged on an indictment of seventeen counts of sexual offences against five female complainants. Of the seventeen counts, four (counts 1-4) relate to offences alleged to have been committed by the applicant while he was an acolyte in a church towards females, LL and KC, (the church counts). The remaining counts relate to offences alleged to have been committed by the applicant on females (IS, JSD and JDD) while he was coaching netball (the netball counts).
The alleged offences occurred between 2016 and 2020 and, with the exception of count 3 (against LL when she was 19 years old), the complainants were aged from 11 to 16 years old at the time of alleged offences. This matter is listed for trial by jury on Monday, 6 February 2023.
The Crown gave written notice of its intention to adduce evidence of tendency pursuant to s 97(1) of the Evidence Act 1995 (NSW). The Crown contended that, except in relation to count 3, the evidence of each complaint established a tendency to have a sexual interest in female children aged 11 to 16 years and to act on that tendency.
The applicant sought an order for separate trials in respect of the church counts and the netball counts on the basis that the probative value of the evidence did not outweigh the danger of unfair prejudice to him: s 101(2) of the Evidence Act.
The application was refused by Shead SC DCJ (the trial judge) on 26 August 2022, principally on the basis that the evidence of the counts was…
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- AGLC
- Crawford v The King [2023] NSWCCA 8
- Case
- [2023] NSWCCA 8
- Decision Date
CaseChat Overview and Summary
The High Court held that the trial judge's refusal to grant separate trials was not an error. The probative value of the evidence of the tendency of the appellant to commit such offences was significant and the danger of unfair prejudice was not such as to make a separate trial necessary. The court found that the directions given by the trial judge to the jury were sufficient to ensure that the evidence was not considered by the jury as substantive evidence of the appellant's guilt of the offences with which he was charged. The court held that the trial judge's directions were adequate to ensure a fair trial.
The court found that the evidence of the tendency of the appellant to commit such offences was highly probative of the charges against him and that the danger of unfair prejudice was not such as to make a separate trial necessary. The court held that the probative value of the evidence outweighed the danger of unfair prejudice and that the trial judge's directions to the jury were sufficient to ensure that the evidence was not considered as substantive evidence of the appellant's guilt. The court dismissed the appeal.
The court found that the appellant's convictions were upheld and that the appeal was dismissed. The court held that the trial judge's directions to the jury were sufficient to ensure that the evidence was not considered as substantive evidence of the appellant's guilt and that the danger of unfair prejudice was not such as to make a separate trial necessary.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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