CITATION:The King v TC [2024] NTSC 43
PARTIES:THE KING
v
TC
TITLE OF COURT: SUPREME COURT OF THE NORTHERN TERRITORY
JURISDICTION: SUPREME COURT exercising Territory jurisdiction
FILE NO:22134946
DELIVERED: 23 May 2024
REPUBLISHED: 4 October 2024
HEARING DATES: 15 May 2024
JUDGMENT OF: Blokland J
CATCHWORDS:
Evidence – sexual intercourse without consent – whether evidence may be
admitted as tendency evidence – evidence admitted for context, relationship
and tendency purposes.
Statutes:
Criminal Code, s 192(3)
Evidence (National Uniform Legislation) Act (NT), s 97(1)(b) & s 101.
Director of Public Prosecutions v Benjamin Roder (A Pseudonym) [2024]
HCA 15; JS v The Queen [2022] NSWCCA 145, Hughes v The Queen [2017]
HCA 20 referred to.
REPRESENTATION:
Counsel:
Crown:J. Moore
Accused:T. Kassimatis KC/M. Rabsch
Solicitors:
Crown:Office of the Director of Public Prosecutions
Accused:North Australian Aboriginal Justice Agency
Judgment category classification: C
Judgment ID Number: BLO2405
Number of pages: 16
IN THE SUPREME COURT
OF THE NORTHERN TERRITORY
OF AUSTRALIA
AT ALICE SPRINGSThe King v TC [2024] NTSC 43
No.22134946
BETWEEN:
THE KING
Appellant
AND:
TC
Respondent
CORAM: BLOKLAND J
RULING ON TENDENCY EVIDENCE
(Delivered 23 May 2024)
Background
TC is to be tried on four counts of having sexual intercourse with SM without her consent, knowing about or being reckless as to her lack of consent, contrary to s 192(3) of the Criminal Code.
The complainant is the accused’s former partner. Count 1 is alleged to have taken place between 1 January 2020 and 31 December 2020; count 2 between 1 January 2020 and 31 January 2021; count 3 between 1 January 2020 and 31 December 2020 and count 4 between 1 January 2020 and 6 January 2021. All of the offending is alleged to have taken place in Tennant Creek at SM’s home.
In brief terms, the background on the Crown case is that the accused and the complainant met at Tennant Creek High School in their mid to late teens. They were in an intimate relationship which lasted for about one year. They first had consensual sexual intercourse when the complainant was 16 and the accused was 17.[1]
On the Crown case the relationship broke down in 2018. There is likely to be some dispute about when that occurred. The defence case is that the relationship started in 2018, when SM was in year 10 and the accused in year 12. It continued for around one year, breaking down in 2019.[2] For present purposes it is not necessary to resolve that point.
The Crown case, based largely on the complainant’s statement was that the accused was jealous, aggressive, angry and abusive throughout the relationship. It is alleged that the offending took place in the context of a problematic relationship and its aftermath, throughout which the accused demonstrated an aggressive and controlling disposition towards the complainant.
Direct evidence of the offending
With respect to count one, although there is far more background and context which will be summarised later, it is alleged the accused…
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CaseChat Overview and Summary
The legal issues before the court included the admissibility of evidence of the accused's prior conduct and the context of the relationship between the accused and the complainant. The Crown sought to introduce evidence of the accused's controlling and abusive behaviour in the relationship as tendency evidence, to support the complainant's allegations. The court had to consider the relevance and probative value of this evidence, as well as the potential prejudicial effect it might have on the accused. Additionally, the court needed to determine whether the evidence of the context of the relationship was relevant and could be admitted for purposes other than to prove tendency, such as to provide a fuller understanding of the circumstances surrounding the alleged offences.
The court admitted the evidence of the accused's prior conduct and the context of the relationship, finding it relevant and probative of the complainant's allegations. The court held that the evidence of the accused's aggressive and controlling disposition was relevant to the complainant's credibility and the likelihood that she would have consented to sexual activity. The court also found that the evidence of the context of the relationship was relevant to understanding the complainant's state of mind and the circumstances in which the alleged offences occurred. The court concluded that the probative value of the evidence outweighed any prejudicial effect it might have on the accused. The court's decision allowed the jury to consider the full context of the relationship and the accused's behaviour in determining the credibility of the complainant's evidence.
The court did not make any final orders in this summary, as the case was still before the jury. However, the admission of the contested evidence was a significant development in the case, as it allowed the jury to consider the full context of the relationship and the accused's behaviour in determining the credibility of the complainant's evidence.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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