R v Taylor

The case of R v Taylor involves the defendant, Keith Taylor, who was charged with engaging in sexual intercourse without consent on the 8th of December 2012. The case was heard in the ACT Supreme Court. The dispute centred around the admissibility of evidence related to the sexual activities of the complainant and whether these activities were relevant to the case. The complainant had been seen masturbating and moaning in a sexual way at a party attended by the defendant. The defendant had pleaded guilty to the offence of sexual intercourse without consent. The legal issues the court had to determine were whether the evidence of the complainant's sexual activities was relevant and should be admitted in the proceedings, and if so, whether the evidence was of substantial relevance to the facts in issue. The court had to consider section 51 of the Evidence (Miscellaneous Provisions) Act 1991 (ACT) and whether the evidence had substantial relevance under section 53 of the Act. The court held that the evidence was relevant and of substantial relevance as it was important for sentencing and showed that the victim was substantially intoxicated and impaired, which led to her being incapable of consenting to the intercourse. The court granted leave to the Crown to adduce the evidence. The court sentenced Taylor to two years imprisonment, which was to commence on 16 February 2015. The sentence was suspended on 16 August 2015 for two years and six months. Taylor was also required to comply with good behaviour obligations and perform 300 hours of community service work within two years.