R v DAW (No. 2) [2021] NSWDC 6

District Court New South Wales

Medium Neutral Citation: R v DAW (No. 2) [2021] NSWDC 6 Hearing dates: 18-22, 25, and 27 January 2021 Date of orders: 27 January 2021 Decision date: 27 January 2021 Jurisdiction: Criminal Before: Abadee DCJ Decision: See paragraphs 19, 28 Catchwords: CRIMINAL LAW – historical child sexual offences – procedure – no case application by accused on one Count on the indictment – Count was alternative to a Count which was subject to directed verdict – whether unfair to the accused to permit Crown to maintain count on indictment CRIMINAL law – tendency evidence – application by Crown to adduce evidence not contested – whether evidence has significant probative value Legislation Cited: Crimes Act, ss 59, 61C Evidence Act 1995 (NSW), ss 97, 100 Evidence Amendment (Tendency and Coincidence) Act 2020 (NSW) Cases Cited: IMM v The Queen (2016) 257 CLR 300 R v Bauer (2018) 266 CLR 56; [2018] HCA 40 Category: Procedural rulings Parties: Director of Public Prosecutions Mr DAW Representation: Counsel: Mr J Stanhope for the Director of Public Prosecutions Ms R Court for the accused Solicitors: Office of the Director of Public Prosecutions Absolve Legal for the accused File Number(s): 2018/81157 Publication restriction: Non Publication Order on the name of the complainant, and any information that may identify the complainant.

Pseudonyms have been used for the name of the complainant, the complainant's family, and the accused.