R v SE [2020] NSWDC 951

District Court New South Wales

Medium Neutral Citation: R v SE [2020] NSWDC 951 Hearing dates: Tuesday 20 October 2020 Date of orders: Tuesday 20 October 2020 Decision date: 20 October 2020 Jurisdiction: Criminal Before: Tupman DCJ Decision: Evidence admissible as tendency evidence pursuant to s 97A of the Evidence Act 1995 (NSW). Catchwords: EVIDENCE — Tendency evidence — Criminal proceedings — Sexual intercourse with a child under 10 — Sexually touch child aged between 10 and 16 — Indecent Assault — Accused observed by witness interacting with children at social events — Accused would often put children on his lap and would drag hand over groin of child sometimes grasping to readjust child's position on his lap — Evidence not found to demonstrate unfair prejudice to the accused — Evidence found admissible as tendency evidence. Legislation Cited: The Evidence Act 1995 (NSW) ss 97A, 97A(2), 97A(5), 97A(5)(g), 101. Cases Cited: HML v The Queen (2008) 235 CLR 334. IMM v The Queen (2016) 257 CLR 300. Hughes v The Queen (2017) 92 ALJR 52. Queen v Dennis Bauer (a pseudonym) (2018) 266 CLR 56. Category: Principal judgment Parties: Regina (The Crown) SE (The Accused) Representation: Counsel: Mr. M. Pincott (The Crown) Mr. L. Finch (The Accused)

Solicitors: Ms. M. Hughes (The Crown) Ms. T. Cornwall (The Accused) File Number(s): 2019/0003781 Publication restriction: Non-publication order applies regarding the identity of the accused and any material likely to identify the accused, AND; Statutory non-publication order applies regarding the identity of the complainants and any material likely to identity the complainants.