R v Mattiussi [2022] NSWDC 234

District Court New South Wales

Medium Neutral Citation: R v Mattiussi [2022] NSWDC 234 Hearing dates: 21 June 2022 – 27 June 2022 Date of orders: 22 June 2022 Decision date: 22 June 2022 Jurisdiction: Criminal Before: Abadee DCJ Decision: See paragraph 68 Catchwords: EVIDENCE – criminal proceeding – complainant in relationship with the accused - sexual assault offences – proscription upon admissibility of evidence of sexual experience or reputation of the complainant – exception to proscription where sexual activity occurs at or about the time of the commission of the alleged offending – additional exception to proscription where sexual activity forms part of connected circumstances in which the alleged offending occurred – where the evidence relates to relationship between the accused and complainant existing or recent at the time of the alleged offending – whether the probative value of the disputed proposed evidence to be admitted outweighs any distress, humiliation or embarrassment the complainant might suffer if the evidence was admitted - Criminal Procedure Act 1986 (NSW), ss 294CB(4)(a)(i) & (ii) and 294CB(4)(b) Legislation Cited: Criminal Procedure Act 1986 (NSW) s 294CB Category: Procedural rulings Parties: Office of the Director of Public Prosecutions (ODPP) Mr M Mattiussi (accused) Representation: Counsel: Ms E Winborne (solicitor advocate) for the Crown Mr E McMahon for the accused

Solicitors: ODPP Total Legal for the accused File Number(s): 2020/00145510 Publication restriction: Non-publication of complainant's identity pursuant to s 578A Crimes Act 1900 (NSW).