R v RGP

In the case of R v RGP, the applicant, RGP, was convicted of incest and appealed against that conviction. The matter was heard in the Supreme Court of Victoria. The primary issue before the court was whether evidence that the applicant had made a false confession in a similar circumstance three years prior was relevant and admissible. Another issue was whether the applicant’s step-children were entitled to seek an exemption from giving evidence against him under section 400 of the Crimes Act 1958.

The court found that the evidence of the previous false confession was not relevant to the current charges and was therefore inadmissible. The court reasoned that the evidence was not probative of the applicant’s guilt or innocence in the current case, and its prejudicial effect outweighed any probative value it might have had. The court also found that step-children are not considered to be children under section 400 of the Crimes Act 1958, and therefore were not entitled to seek an exemption from giving evidence against the applicant. The court held that the step-children’s evidence was relevant and admissible in the case.

The appeal was dismissed by the court, and the conviction was upheld. The court found that the evidence against the applicant was sufficient to convict him of incest, and the exclusion of the inadmissible evidence did not affect the outcome of the case. The final orders of the court were that the applicant’s appeal be dismissed and the conviction be upheld.