THE QUEEN v CHRISTOPHER SCOTT GIBBS [2004] ACTSC 63 (29 JULY 2004)
EVIDENCE – coincidence rule – ss 98, 101 Evidence Act 1995 – probative value of evidence – prejudicial effect – dangers of improbability reasoning and circularity of reasoning.
EVIDENCE – coincidence evidence – similar facts – whether evidence of one incident admissible in relation to another – whether offences charged are ‘substantially and relevantly similar’ – probative value of the evidence does not substantially outweigh the prejudicial effect.
Evidence Act 1995 (Cth), s 98, s 101, s 116, s 137
Evidence Regulations, reg 6
J D Heydon, Cross on Evidence, 6th Aust ed, Butterworths, Sydney, vol 1
Pfennig v R (1995) 182 CLR 461
R v Ellis [2003] NSWCCA 319, unreported, 5 November 2003
Australian Law Reform Commission, Interim Report 26, Vol 1
Director of Public Prosecutions v Boardman [1975] AC 421
Piragoff, Similar Fact Evidence, Carswell, Toronto (1981) 171
Odgers, Uniform Evidence Law, 5th ed, Law Book Co, Sydney
R v Blackledge [1965] VR 397
R v Vaitos (1981) 4 A Crim R 238
R v John W [1998] 2 Cr App R 289
R v Delgado-Guerra [2002] 2 Qd R 384
R v McGranaghan [1995] 1 Cr App R 559
R v Downey [1995] 1 Cr App R 547
Shepherd v The Queen (1990) 170 CLR 573
Perry v The Queen (1982) 150 CLR 580
No. SCC 102 of 2003
Judge: Gray J
Supreme Court of the ACT
Date: 29 July 2004
IN THE SUPREME COURT OF THE )
) No. SCC 102 of 2003
AUSTRALIAN CAPITAL TERRITORY )
THE QUEEN
against
CHRISTOPHER SCOTT GIBBS
RULING ON VOIR DIRE
Judge: Gray J
Date: 29 July 2004
Place: Canberra
THE COURT RULES THAT:
The evidence as to one count is not admissible in aid of proof of the other.
The accused is charged by indictment with two counts involving an act of indecency, one alleging the commission of the offence on 9 January 2003 and the other on 15 February 2003. In one case the complainant was aged 22 years and in the other 14 years. The accused sought that the counts be severed and tried separately. The prosecution takes the view that the evidence on one count is admissible on the other because of the improbability of the events occurring coincidentally (the coincidence rule ss 98, 101 Evidence Act 1995 (Cth) (the Evidence Act)). Accordingly, a ruling was sought on the voir dire by the parties as to the admissibility of the evidence on one of the counts to the other on the basis that if I held a preliminary view that evidence on one count was not admissible on the other, the prosecution would sever the counts on the indictment.
The proposed evidence in respect of each count
In accordance with the provisions of the Evidence Act, a notice of intention to adduce coincidence evidence was given in accordance…
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CaseChat Overview and Summary
The court considered whether the events were substantially and relevantly similar and whether the circumstances in which they occurred were substantially similar. The court found that while there were similarities between the two incidents, there were also significant differences. The court concluded that the evidence did not have sufficient probative force to prove that Gibbs was involved in either of the incidents. Furthermore, the court found that the evidence could lead to prejudicial effects, including the risk of improbability reasoning and circularity of reasoning. The court held that the prejudicial effects outweighed the probative value of the evidence, and therefore, the evidence on one count was not admissible in aid of proof of the other. The court will hear counsel further as to the course that the matter should now take.
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