SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2015 0085
| RAMON HARRIS (a Pseudonym)[1] | Applicant |
| v | |
| THE QUEEN | Respondent |
[1]To ensure that there is no possibility of identification, this judgment has been anonymised by the adoption of a pseudonym in place of the name of the applicant.
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| JUDGES: | PRIEST and KAYE JJA and CROUCHER AJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 15 May 2015 |
| DATE OF JUDGMENT: | 22 May 2015 |
| MEDIUM NEUTRAL CITATION: | [2015] VSCA 112 |
| JUDGMENT APPEALED FROM: | DPP v [Harris] (Unreported, County Court of Victoria, 29 April 2015) |
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CRIMINAL LAW – Interlocutory Appeal – Sexual penetration of a child aged under 10 years or between 10 and 16 years – Whether evidence coincidence evidence – Whether evidence has significant probative value – Whether the probative value of the evidence substantially outweighs any prejudicial effect it may have on the accused – Evidence Act 2008, ss 98(1) and 101(2) – Leave to appeal granted and appeal allowed.
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| APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr C J Pearson | Paul Vale Criminal Law |
| For the Crown | Ms D Mandie | Ms V Anscombe, Acting Solicitor for Public Prosecutions |
PRIEST JA
KAYE JA
CROUCHER AJA:
This is an application for leave to appeal against an interlocutory decision of a judge of the County Court to admit coincidence evidence in the trial of the applicant.
The applicant is charged, on indictment, with eight charges of sexual offences involving two complainants. The offences are alleged to have occurred between 1 January 1981 and 4 May 1984.
The first complainant (‘BS’) was born in May 1975, and the second complainant (‘CJ’) was born in January 1973. The applicant commenced a relationship with the mother of BS when he was about six years of age. BS alleges that he was first sexually abused by the applicant approximately one year after the applicant had commenced living with his mother. At that time BS was either in the preparatory grade or grade 1 of primary school. The offending occurred at night time. BS was in bed with his mother and the applicant. BS’s mother was asleep, and the applicant was lying between her and BS. It is alleged that the applicant placed his penis into BS’s anus, and thereby committed the offence of buggery (charge 1) or, alternatively, sexual penetration with a child under 10 years (charge 2).[2]
[2]Buggery ceased to be an offence in Victoria on 1 March 1981. It was abolished by the Crimes (Sexual Offences) Act 1981. See Scannell v The Queen [2014] VSCA 330, [22] (Priest JA).
At that time the applicant became a friend of the father of the second complainant, CJ. They drank together, and it would seem did so often at the home of BS’s mother. During that time, CJ on occasions stayed overnight there, and he would sleep in the same bedroom as BS.
On one of those occasions, the applicant had entered the bedroom and lain on the bed. BS noted that the…
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- AGLC
- Ramon Harris (a Pseudonym)[1] v The Queen [2015] VSCA 112
- Case
- [2015] VSCA 112
- Decision Date
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