R v Sams [2021] NSWDC 745

District Court New South Wales

Medium Neutral Citation: R v Sams [2021] NSWDC 745 Hearing dates: 07 & 08 June 2021 Date of orders: 08 June 2021 Decision date: 08 June 2021 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: Allow the Crown to use the evidence of the conduct supporting the two counts, and as disclosed in the interview of 3 October 2008, for tendency purposes in accordance with the notice given Catchwords: EVIDENCE — Tendency evidence — Criminal proceedings Legislation Cited: Crimes Act 1900 Evidence Act 1995 Category: Principal judgment Parties: Regina (Crown) Jason James Sams (Accused) Representation: Kylie Henry (Solicitor Advocate) William Buxton (counsel for the Accused)

Director of Public Prosecutions (NSW) (Crown) O'Brien Winter Partners (Accused) File Number(s): 2019/00387612 Publication restriction: No publication of the name of the complainant or of any information that may enable their identity to be ascertained

REVISED Judgement – Tendency Evidence

Introduction 1. On 7 June 2021 Jason James Sams appeared in the District Court, Newcastle for trial. A jury was selected and after argument upon the objection raised by the accused regarding evidence of context and for tendency purposes the trial continued before me with a jury of 12.

The Offences 1. The offences with which the offender was charged were both contrary to s 66A(1) Crimes Act 1900 with the application of s 80AF Crimes Act 1900 because of the range of dates between which the offences were alleged to have occurred. Both counts were expressed in identical terms: Between 31 December 2007 and 31 December 2010, at Thornton in the State of New South Wales, did have sexual intercourse with SS-C, a child then under the age of ten years, namely, four, five, or six years.