NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Fortune (a pseudonym) [2021] NSWDC 68 Hearing dates: 19 February 2021 Date of orders: 22 February 2021 Decision date: 22 February 2021 Jurisdiction: Criminal Before: Whitford SC DCJ Decision: Tender of the report of Dr Shackel is rejected Catchwords: Evidence – expert evidence – criteria for admissibility – allegations of child sexual assault – asserted myths or misconceptions concerning the behaviour of victims – counterintuitive evidence - literature review Legislation Cited: Evidence Act 1995 ss 79, 108C Criminal Procedure Act 1986 ss 293A and 294 Cases Cited: Dasreef Pty Ltd v Hawchar (2011) 243 CLR 588 Glen Jacobs (a pseudonym) v The Queen [2019] VSCA 285 HG v The Queen (1999) 197 CLR 414 MA v R (2013) 40 VR 564 Makita v Sprowles (2001) 52 NSWLR 705 Ocean Marine Mutual Insurance Association (Europe) OV v Jetopay Pty Ltd [2000] FCA 1463 R v Kirkham [2020] NSWDC 658 Category: Procedural rulings Parties: Regina Ray Fortune (pseudonym) Representation: Counsel: Mr M Hay – Crown Ms R Khalilizadeh – Accused
Solicitors: Director of Public Prosecutions Blair Criminal Lawyers File Number(s): 2019/10519 Publication restriction: Non-publication order in respect of the identity of the accused; the identity of the complainants is protected by statute
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