Steele v The Queen

[2021] NSWCCA 74

Court of Criminal Appeal

Supreme Court

New South Wales

Medium Neutral Citation:

Decision restricted [2021] NSWCCA 74

Decision date:

21 April 2021

Before:

Hoeben CJ at CL at [1]
Price J at [2]
Davies J at [3]

Catchwords:

CRIME – appeals – appeal against conviction – applicant charged with 23 offences – applicant found guilty by jury of 22 offences – offences of assault, indecent assault, indecency and one count of sexual intercourse without consent (count 7) – seven young male victims – indecent assault offending typically involved “sack whacking” – where tendency evidence was admitted on basis that it would be used only in respect of indecent assault counts – where directions of trial judge did not confine use of tendency evidence - whether trial judge erred in ruling that if applicant adduced evidence to prove he was of good character Crown would be permitted to adduce evidence in rebuttal – where rebuttal evidence was not relevant to the aspect of character evidence that was raised – whether trial judge erred in directing jury they could use applicant’s stated understanding of “sack whacking” as a lie evincing consciousness of guilt – where applicant’s answers wholly subjective and not established to be untruthful by evidence – whether verdict on count 7 is unreasonable and cannot be supported having regard to evidence – where inference open to jury that applicant was reckless as to whether victim consented – re-trial on all counts ordered

EVIDENCE – character evidence – character evidence in a particular respect – where rebuttal evidence should have been similarly confined

The text of this decision has been restricted

Decision last updated: 28 April 2021