R v Brookman

The case of R v Brookman involved the respondent, Brookman, who faced a trial for historical sexual assault offences. The complainant, who had accused Brookman of the assaults, was deceased at the time of the trial. The case was heard in the District Court of New South Wales. The primary dispute was whether certain evidence could be admitted in the trial, particularly evidence related to the complainant's sexual experience and Brookman's sexual reorientation after the alleged offences. Additionally, there was a motion to have the trial conducted by a judge alone, rather than a jury, due to concerns about potential prejudice.

The court was required to decide several legal issues, including whether evidence of the complainant's sexual experience was admissible and whether it was relevant and had significant probative value. Another issue was whether evidence of Brookman's sexual reorientation could be considered, given its potential to unfairly prejudice the trial. Furthermore, the court had to determine if the evidence of the complainant's sexual experience was still fresh in the memory and whether the COVID-19 pandemic measures could influence the trial proceedings.

The court, in its reasoning, noted that the evidence of the complainant's sexual experience was deemed relevant and had significant probative value. It was held that there were no exceptional circumstances that would allow evidence proscribed by s 97A(5) to be taken into account. The court found that the evidence was fresh in the memory and thus admissible. Regarding the application for a trial by judge alone, the court held that the concerns about potential prejudice were insufficient to warrant a trial without a jury. The court ultimately ruled against admitting certain evidence and denied the application for a trial by a judge alone.

The final orders included the rejection of the application to adduce evidence regarding the complainant's sexual experience, the denial of the application for a trial by a judge alone, and the dismissal of the application to consider certain excluded matters. The trial proceeded with the judge presiding, and the court outlined the evidence that would be considered and the legal standards that would apply.