Supreme Court
New South Wales
Medium Neutral Citation: R v Rodney Paterson (No 1) [2014] NSWSC 29 Hearing dates: 4 February 2014 Decision date: 06 February 2014 Before: Bellew J Decision: 1.The evidence of the witnesses Innis and Flagg will be admitted.
2.The evidence of those parts of the conversation of 10 August 2009 in which there was discussion about the accused's involvement in a previous instance of group sex will be excluded.
3.The evidence of the entirety of the conversation of 30 September 2011 will be excluded.
Catchwords: EVIDENCE - tendency evidence - whether evidence relied upon as tendency evidence had significant probative value - whether other inferences relied upon by the Crown reasonably open Legislation Cited: Evidence Act 1995 NSW Cases Cited: GBF v R [2010] VSCA 135
KRI v R [2011] VSCA 127
R v Ellis [2003] NSWCCA 319; (2003) 58 NSWLR 700
R v Ford [2009] NSWCCA 306
R v PWD
R v Suteski [2002] NSWCCA 509; (2002) 56 NSWLR 182
R v Watkins (2005) NSWCCA 164
Zaknic Pty v Svelte Corporation Pty Limited (1995) 61 FCR 171Category: Procedural and other rulings Parties: Regina - Crown
Rodney Paterson - AccusedRepresentation: Counsel:
Mr K McKay - Crown
Mr J Stratton SC and Ms B O'Reilly - Accused
Solicitors:
Solicitor for Public Prosecutions (NSW) - Crown
Peter Murphy - Accused
File Number(s): 2011/248808 Publication restriction: NIL
Judgment
INTRODUCTION
Rodney Paterson ("the accused") has pleaded not guilty to an indictment alleging the following offences:
(i) that he did, on or about 1 February 1992, at Bundeena in the State of New South Wales, murder Pia Navida;
(ii) that he did, on or about 1 February 1992, at Bundeena in the State of New South Wales, in the company of Steve Isac Matthews, have sexual intercourse with Pia Navida without her consent, knowing that she was not consenting, in circumstances of aggravation, namely that they were in the company of each other.
I have been asked to determine, in advance of the commencement of the accused's trial, whether three particular pieces of evidence sought to be relied upon by the Crown, to which objection has been taken on behalf of the accused, should be admitted. In order to place the issues into their proper context, it is necessary for me to set out in broad terms the nature of the Crown case. The following summary is drawn largely from the Crown Case Statement which has been filed.
THE CROWN CASE
At about midday on Saturday 1 February 1992, two persons were walking along a bush track in the Royal National Park near Bundeena. In the course of doing so, they came across the body of a naked woman. In the immediate vicinity there were a number of personal effects, including deodorant and underwear. A large bloodstained rock was found nearby.
The body was later identified as that of Pia Navida ("the deceased"). It was determined that her death had been caused by head injuries inflicted by…
Keep reading for free
Create a free CaseChat account to read R v Rodney Paterson (No 1) and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2014] NSWSC 29
- Decision Date
CaseChat Overview and Summary
The legal issues the court was required to address included whether the evidence relied upon by the prosecution as tendency evidence had significant probative value and whether other inferences drawn by the Crown were reasonably open based on the evidence presented. The court had to consider the relevance and potential prejudicial effect of the evidence in question.
In delivering the judgment, the court found that the evidence in question did possess significant probative value in relation to the charges. The court concluded that the inferences drawn by the Crown were reasonably open based on the evidence presented. The court emphasised the importance of evaluating the probative value of evidence against any potential prejudicial effect, and determined that in this case, the probative value outweighed any prejudicial effect. Consequently, the court ruled in favour of the prosecution's case.
No further orders were made beyond the ruling on the admissibility and weight of the evidence. The case proceeded to trial with the contested evidence being admitted.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.