R v Young (a pseudonym) [2021] NSWDC 622

District Court New South Wales

Medium Neutral Citation: R v Young (a pseudonym) [2021] NSWDC 622 Hearing dates: 5 November 2021 Date of orders: 5 November 2021 Decision date: 05 November 2021 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Application to exclude proposed tendency evidence is refused. Catchwords: CRIME — sexual offences — two complainants -assault and act of indecency on a person under the age of 16 - assault and act of indecency on a child under 10- sexual intercourse with a child under 10 CRIMINAL PROCEDURE — Trial — pre-trial application – admissibility of proposed tendency evidence EVIDENCE — tendency evidence — Criminal proceedings — application of s 97A Evidence Act Legislation Cited: Evidence Act 1995 Cases Cited: IMM v The Queen (2016) 257 CLR 300; [2016] HCA 14 R v Bauer (2018) 266 CLR 56; [2018] HCA 40 Shamouil v R (2006) 66 NSWLR 228; [2006]NSWCCA 112 Category: Principal judgment Parties: Brian Young (the accused) Director of Public Prosecutions Representation: Counsel: Mr M Gunning (for the accused) Ms N Keay, Deputy Senior Crown Prosecutor (for Director of Public Prosecutions)

Solicitors: CVC Law & Conveyancing(for the accused) File Number(s): 2020/00236559 Publication restriction: The name of the complainant is not to be published, nor is any other material that could lead to the identification of that complainant: s578A of the Crimes Act 1900; S15A Children (Criminal Proceedings) Act 1987. The name of the offender is not to be published or any information that may reveal the relationship between the accused and the complainant. Pseudonyms have been used in this judgment