Crawford v R [2023] NSWCCA 8

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Crawford v R [2023] NSWCCA 8 Hearing dates: 3 February 2023 Date of orders: 3 February 2023 Decision date: 07 February 2023 Before: Beech-Jones CJ at CL at [1]; Davies J at [2]; Adamson J at [3] Decision: Refuse leave to appeal. Catchwords: CRIME — Appeals — Appeal against refusal of application for separate trials — where applicant charged with multiple similar offences in same indictment — whether probative value of tendency evidence outweighed danger of unfair prejudice — whether separate trials are necessary to avoid danger of unfair prejudice — effect of directions EVIDENCE — Admissibility — Tendency evidence — sexual offences Legislation Cited: Criminal Appeal Act 1912 (NSW), s 5F Evidence Act 1995 (NSW), ss 97, 97A, 101(2) Criminal Procedure Act 1986 (NSW), ss 21, 29, 29A Cases Cited: DAO v R (2011) 8 NSWLR 586; [2011] NSWCCA 63 JS v R [2022] NSWCCA 145 Category: Principal judgment Parties: Peter Albert Crawford (Applicant) Rex (Respondent) Representation: Counsel: R Webb (Applicant) G Newton SC / R O'Meagher (Respondent)

Solicitors: Clark McNamara Lawyers (Applicant) Office of the Director of Public Prosecutions (Respondent) File Number(s): 2020/359286; 2021/83687 Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Date of Decision: 26 August 2022 Before: Shead SC DCJ File Number(s): 2020/359286; 2021/83687