R v Ellis

[2018] ACTSC 196

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Ellis

Citation:

[2018] ACTSC 196

Hearing Date:

19 March 2018

DecisionDate:

19 March 2018

ReasonsDate:

5 July 2018

Before:

Burns J

Decision:

Application granted.

Catchwords:

CRIMINAL LAW – Evidence – reasons for application granted – application by Crown to adduce evidence of complainant’s sexual activity - application not opposed

Legislation Cited:

Evidence (Miscellaneous Provisions) Act 1991 (ACT) ss 51, 53

Parties:

The Crown (Applicant)

Sebastian Ellis (Respondent)

Representation:

Counsel

Mr R Christensen (Applicant)

Mr S Littlemore QC (Respondent)

Solicitors

ACT Director of Public Prosecutions (Applicant)

Aulich Criminal Law (Respondent)

File Number:

SCC 217 of 2017

BURNS J

1. On 19 March 2018 I made an order pursuant to s 51 of the Evidence (Miscellaneous Provisions) Act 1991 (ACT) (the Act) giving leave for the Crown to adduce evidence of the sexual activities of the complainant. Pursuant to s 53(4) of the Act, I am obliged to give written reasons for my decision.

1. The application was made by the Crown in circumstances where the evidence to be led by the Crown relevant to the charges against the accused necessarily involved leading evidence of other sexual activity on the part of the complainant. If the Crown were not permitted to lead that evidence, its ability to prosecute the case would have been hampered. The application was not opposed by the accused. I was satisfied of the matters referred to in s 53(1) of the Act.

I certify that the preceding two [2] numbered paragraphs are a true copy of the Reasons for Judgment of his Honour Acting Chief Justice Burns.

Associate:

Date: 5 July 2018