R v Crago [2020] NSWDC 661

District Court New South Wales

Medium Neutral Citation: R v Crago [2020] NSWDC 661 Hearing dates: 15 October 2020 Date of orders: 21 October 2020 Decision date: 21 October 2020 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Evidence that the complainant has or may have taken part or not taken in any sexual activity is admissible. For scope of evidence allowed to be led see [44]. Catchwords: CRIME — Child sex offences — Sexual intercourse with child >14 <16 CRIMINAL PROCEDURE — Sexual offence proceedings — Admissibility of evidence related to sexual experience CRIMINAL PROCEDURE — Trial — Case management — Pre-trial hearing EVIDENCE – Criminal Procedure Act 1986, s 293 Legislation Cited: Children (Criminal Proceedings) Act 1987 Crimes Act 1900 Criminal Procedure Act 1986 Evidence Act 1995 Cases Cited: Jackmain v R [2020] NSWCCA 150 R v Burton [2013] NSWCCA 335 R v Morgan (1993) 30 NSWLR 453 Taleb v R [2015] NSWCCA 105 Category: Procedural and other rulings Parties: Lachlan Crago (the accused) Director of Public Prosecutions Representation: Counsel: Ms J Ghabrial (for the accused) Mr D Coulton, Solicitor Advocate (for Director of Public Prosecutions)

Solicitors: Kells (for the accused) File Number(s): 2019/00346666 Publication restriction: Pursuant to s15A Children (Criminal Proceedings) Act 1987 and s578A Crimes Act 1900, there is to be no publication of any information, picture or other material that identifies or is likely to lead to the identification of the child complainant or any other child witness.