THE QUEEN v IAN HAROLD KING
[2012] ACTSC 176 (10 December 2012)
CRIMINAL LAW – EVIDENCE – tendency – coincidence – relevance – consent to sexual intercourse negated by abuse of position – abuse in the context of s 92P (1) (h) Crimes Act1900
Acts Amendment (Sexual Offences) Act1992 (WA)
Crimes Act 1891 (Vic), s 5
Crimes Act1900 (ACT), ss 67, 92 J, 92P
Crimes Act1900 (NSW) s 66 C
Crimes Act1958 (Vic) s 48, and s 49 (repealed)
Crimes (Sexual Offences) Act 1980 (Vic)
Crimes (Sexual Offences) Act 1991 (Vic)
Evidence Act2011 (ACT) ss 97, 98
The Criminal Code (WA) s 322
Crimes (Amendment) Ordinance (No 5) 1985 (ACT) No. 62 of 1985
R v DH [1997] Unreported NSWCCA, 14 July 1997
R v Fletcher (2005) 156 A Crim R 308
R v Howes (2000) 116 A Crim R 249; [2000] VSCA 159
R v Johnston [2012] ACTSC 89
No. SCC 164 of 2009
Judge: Burns J
Supreme Court of the ACT
Date: 10 December 2012
IN THE SUPREME COURT OF THE )
) No. SCC 164 of 2009
AUSTRALIAN CAPITAL TERRITORY )
BETWEEN: THE QUEEN
Applicant
AND: IAN HAROLD KING
Respondent
ORDER
Judge: Burns J
Date: 10 December 2012
Place: Canberra
THE COURT ORDERS THAT:
The application to lead tendency and coincidence evidence is refused.
The accused will be tried separately on the following Counts:
a) Counts 1 and 2;
b) Counts 3 and 4;
c) Counts 5 and 6;
d) Count 7; and
e) Count 8.
The accused Ian Harold King has entered pleas of not guilty to eight counts contrary to s 92 J (l) of the Crimes Act1900 (ACT) (in its then form) on an indictment dated 21 March 2012 in the following terms:
FIRST COUNT THAT between the 1st day of April 1989 and the 30th day of September 1989 at Canberra in the Australian Capital Territory IAN HAROLD KING committed an act of indecency upon T, without consent, knowing that he did not consent or being reckless as to whether he consented to the act of indecency.
SECOND COUNT AND FURTHER THAT between the 1st day of January 1990 and the 31st day of December 1990 at Canberra in the Australian Capital Territory IAN HAROLD KING engaged in sexual intercourse with T, without consent, knowing that he did not consent or being reckless as to whether he consented to the sexual intercourse.
THIRD COUNT AND FURTHER THAT between the 1st day of September 1993 and the 31st day of January 1994 at Canberra in the Australian Capital Territory IAN HAROLD KING engaged in sexual intercourse with J, without consent, knowing that he did not consent or being reckless as to whether he consented to the sexual intercourse.
FOURTH COUNT AND FURTHER THAT between the 1st day of September 1993 and the 31st day of January 1994 at Canberra in the Australian Capital Territory IAN HAROLD KING engaged…
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- AGLC
- THE QUEEN v IAN HAROLD KING [2012] ACTSC 176 (10 December 2012)
- Case
- [2012] ACTSC 176
- Decision Date
CaseChat Overview and Summary
The court meticulously examined the provisions of s 92P of the Crimes Act 1900 (NSW) which pertains to the abuse of a position of authority. The court considered whether the evidence of tendency and coincidence could assist in establishing the essential element of the offence – that is, the abuse of position. The court found that the evidence was relevant in understanding the context in which the alleged abuse occurred and was necessary for the jury to determine whether the accused had indeed abused his position of authority. However, the court also highlighted the importance of balancing the probative value of such evidence against its potential prejudicial effect.
Ultimately, the court ruled that the tendency and coincidence evidence could be admitted, but the application to lead such evidence was refused on the grounds that it was not necessary for the jury to hear it at that stage of the trial. The court emphasised the importance of ensuring that any evidence admitted did not unfairly prejudice the accused. In light of this decision, the court provided clear guidance on the criteria that must be satisfied for such evidence to be admitted in future cases involving similar offences.
Orders
Orders of the court
1.
The application to lead tendency and coincidence evidence is refused.
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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