District Court
New South Wales
Medium Neutral Citation: R v Williams (a pseudonym) [2020] NSWDC 836 Hearing dates: 19 June 2020 Decision date: 26 June 2020 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: 1. The proposed prosecution tendency evidence can be admitted at trial.
2. The defence application for separate trials for each complainant is refused.
Catchwords: CRIME - child sexual assault sexual intercourse – proposed joint trial - three complainants.
EVIDENCE – admissibility of tendency evidence - temporal difference between counts - different genders - nature of relationship between accused and complainant.
CRIMINAL PROCEDURE - pre-trial rulings - separate trial application - admissibility of tendency evidence.
Legislation Cited: Crimes Act 1900
Evidence Act 1995
Cases Cited: DPP vRDT [2018] NSWCCA 293
IMM v The Queen [2016] HCA 14; (2016) 257 CLR 300
Lockyer v R (1996) 89 A Crim R 457
McPhillamy v The Queen [2018] HCA 52
Shamouilv R [2006] NSWCCA 112; (2006) 66 NSWLR 228
SK v R [2011] NSWCCA 292
The Queen v Bauer (a pseudonym) [2018] HCA 40
Category: Procedural rulings Parties: Scott Williams (the accused)
Director of Public ProsecutionsRepresentation: Counsel:
Solicitors:
Mr Z Khan (for the accused)
Ms N Keay, Crown Prosecutor
Legal Aid NSW (for the accused)
File Number(s): 2018/88052; 2018/311339; 2018/287604; Publication restriction: Pseudonyms have been used for the names the offender and the complainants. Pursuant to s15A Children (Criminal Proceedings) Act 1987 and s578A Crimes Act there is to be no publication of a complainant’s name or anything that may lead to identification of them including the name of the accused. There is to be no publication of any information, picture or other material that identifies or is likely to lead to the identification of a child. Identifying information will be removed from any published version of the judgment to comply with the statute.
Judgment
Introduction
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The trial of Scott Williams (a pseudonym) is listed to commence later in 2020. The present indictment, amended by leave, contains 16 Counts: indictment version 8.4. It sets out allegations by three complainants. The several counts relating to each complainant have been joined in a single indictment. It is proposed they be tried together. A tendency notice has been served and filed. It is proposed that evidence of each charged act be admissible as circumstantial evidence in proof of each other charged act relating to each complainant and cross-admissible in counts relating to a specific complainant. And, for the same reason, evidence of any uncharged act alleged is said to be admissible in proof of each charged act.
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Evidence that a person had a particular tendency is adduced for the purpose of providing the foundation for an inference that the accused was more likely to act in a particular way or have a…
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- AGLC
- R v Williams (a pseudonym) [2020] NSWDC 836
- Case
- [2020] NSWDC 836
- Decision Date
CaseChat Overview and Summary
The court considered the temporal difference between the alleged offences and the differing genders of the complainants. It also examined the nature of the relationship between the defendant and the complainants. The court found that the evidence of past sexual misconduct was relevant to show a propensity towards the alleged offences, despite the differences in time, gender, and relationship. The court held that the tendency evidence was admissible as it was relevant to the issues in dispute and had probative value that outweighed any prejudicial effect. Regarding the application for separate trials, the court ruled that a joint trial was appropriate to ensure efficiency and fairness, particularly given the similarities in the nature of the allegations and the potential for prejudice if the complainants testified separately.
The court's decision was that the proposed prosecution tendency evidence could be admitted at trial. It also refused the defence application for separate trials for each complainant. The court's ruling ensured that the evidence could be presented in a manner that was both fair and efficient, while also respecting the rights of the accused. The orders of the court were clear, allowing the trial to proceed with the admissibility of the tendency evidence and a joint trial for all three complainants.
Orders
Orders of the court
1. The proposed prosecution tendency evidence can be admitted at trial.
2. The defence application for separate trials for each complainant 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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