R v Peridot (No 2)

[2014] NSWDC 262

District Court

New South Wales

Medium Neutral Citation:	R v Peridot (No 2) [2014] NSWDC 262
Decision date:	24 November 2014
Jurisdiction:	Criminal
Before:	Cogswell SC DCJ
Decision:	I confirm that I regard the probative value of the evidence has increased sufficiently for me not to reject it and I rule under s 293(3) of the Criminal Procedure Act that that section does not apply to evidence of any sexual activity between the complainant and the accused which is the subject of para 12 of exhibit VDB.
Catchwords:	EVIDENCE – admissibility of evidence relating to sexual experience – further particulars – increase in probative value of evidence – ruling that s293(3) of the Criminal Procedure Act does not apply
Legislation Cited:	Criminal Procedure Act 1986 (NSW), s 293
Category:	Procedural and other rulings
Parties:	Regina (Crown) Samuel Peridot (accused)
Representation:	Counsel: S Hughes (Crown) A Miller (accused) Solicitors: NSW Director of Public Prosecutions (Crown) Macedone Legal (accused)
File Number(s):	2013/00315163
Publication restriction:	Pursuant to s 578A of the Crimes Act 1900 there is to be no publication of the complainant's name or anything that may lead to identification of the complainant. Identifying information has been removed from this version of the judgment to comply with the statute and, in some cases, replaced with pseudonyms (which are colours).

Judgment

1. In the judgment I delivered on 18 November 2014 at [17], I reserved my position regarding one piece of evidence which is the subject of s 293 of the Criminal Procedure Act 1986. The evidence about which I did not give a ruling I referred to at [4] of my judgment.

2. Further particulars were later provided by the Crown Prosecutor and they became exhibit VDD.

3. With the additional particulars in exhibit VDD, I confirm that I regard the probative value of the evidence has increased sufficiently for me not to reject it and I rule under s 293(3) of the Criminal Procedure Act that that section does not apply to evidence of any sexual activity between the complainant and the accused which is the subject of para 12 of exhibit VDB.

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Decision last updated: 12 February 2015