| SUPREME COURT OF VICTORIA COURT OF APPEAL |
| S EAPCR 2023 0197 |
| RODNEY RHODES (A PSEUDONYM)[1] | Applicant |
| v | |
| THE KING | Respondent |
[1]To avoid the possibility of identifying the alleged victims of sexual offences, this judgment has been anonymised by the adoption of pseudonyms in place of the names of the applicant and the complainants.
---
| JUDGES: | NIALL and WALKER JJA |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | 18 January 2024 |
| DATE OF JUDGMENT: | 29 February 2024 |
| MEDIUM NEUTRAL CITATION: | [2024] VSCA 15 |
| JUDGMENT APPEALED FROM: | DPP v [Rhodes] (Ruling 2) (County Court, Judge Doyle, 25 September 2023) |
---
CRIMINAL LAW – Interlocutory appeal – Coincidence evidence – Whether evidence of complainants has significant probative value – Evidence of receiving explicit images not significantly probative of whether act of sexual penetration occurred – Similarities between accounts unremarkable – Applicant’s knowledge that one or more complainants under 16 years old not rationally probative of knowledge of different complainant’s age – Leave to appeal granted – Appeal allowed – Ruling set aside.
Evidence Act 2008, ss 98 and 101.
Hoch v The Queen (1988) 165 CLR 292; R v Bauer (2018) 266 CLR 56, considered.
Phillips v The Queen (2006) 225 CLR 303, distinguished.
---
| Counsel | |||
| Applicant: | Ms AJ Burnnard and Ms S Joosten | ||
| Respondent: | Ms M Mahady and Mr ES Dober | ||
| Solicitors | |||
| Applicant: | Kurnai Legal Practice | ||
| Respondent: | Ms A Hogan, Solicitor for Public Prosecutions | ||
NIALL JA
WALKER JA:
The applicant is facing a trial in the County Court on an indictment relevantly containing six charges of sexual offending against children under the age of 16 years, which relate to five complainants.[2] At the time of the alleged offending, the applicant was between 16 and 18 years of age. The complainants ranged in age from 13 to 15 years.
[2]A seventh charge of possessing child abuse material has been severed.
In summary, the charges, which each have as an element that the complainant was and was believed by the applicant to have been under the age of 16, are as follows:
(a)engaging in a sexual activity in the presence of SH, and using a carriage service to transmit an indecent communication to SH (charges 1 and 6);
(b)engaging in a sexual activity in the presence of PB (charge 4);
(c)sexual penetration of CG (charge 2);
(d)sexual penetration of EA (charge 3);
(e)sexual penetration of CS (charge 5).
It is important to record that the charges involving SH and PB occurred over the internet; they were not ‘contact offences’. The charges involving CG, EA and CS involved penile/vaginal intercourse.
In order to prove the charges the prosecution will need to prove, to the criminal standard, that the applicant engaged in the relevant acts knowing or believing that the complainant was under the age of 16 years. That is to say both his conduct and his state of mind, in the sense of his knowledge and belief as to the age of the complainants, are relevant to the proof of each…
Continue reading Rhodes (a pseudonym) v The King
Sign in free to access the full text
- AGLC
- Rhodes (a pseudonym) v The King [2024] VSCA 15
- Case
- [2024] VSCA 15
- Decision Date
CaseChat Overview and Summary
The legal issues that the court had to decide were whether the evidence of the complainants had significant probative value and if not, whether it should be excluded from the trial. The court had to consider the nature and content of the evidence and whether it was relevant to the charges against the applicant. The court also had to consider whether the evidence was likely to have an unfair prejudicial effect on the applicant.
The court found that the evidence of the complainants did not have significant probative value in relation to whether an act of sexual penetration had occurred. The court found that the similarities between the accounts of the complainants were unremarkable and did not provide significant evidence of the applicant’s guilt. The court also found that the applicant’s knowledge that one or more of the complainants were under 16 years old was not rationally probative of his knowledge of a different complainant’s age. The court concluded that the evidence was not admissible under the Evidence Act 2008 and set aside the ruling of the lower court. The appeal was allowed, and leave to appeal was granted.
The final orders of the court were that the appeal was allowed, and the ruling of the lower court was set aside. The court found that the evidence of the complainants did not have significant probative value and should be excluded from the trial. The court also found that the applicant’s knowledge that one or more of the complainants were under 16 years old was not relevant to the charges against him. The case highlights the importance of considering the probative value of evidence in criminal trials and the need to exclude evidence that is not relevant or that may have an unfair prejudicial effect on the accused.
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.