R v BX [2010] NSWDC 312

New South Wales District Court

CITATION: R v BX [2010] NSWDC 312

JUDGMENT DATE: 22 November 2010

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ

DECISION: I propose to admit as context evidence contained in [24] and [25] of exhibit VDA. I do not propose to admit the evidence contained in [23]

CATCHWORDS: CRIMINAL LAW - jury trial - application to lead evidence of acts other than those charged

CASES CITED: R v RG [2010] NSWCCA 173

PARTIES: Regina BX

FILE NUMBER(S): 2009/235564

COUNSEL: Mr Fox for ODPP Mr Timmins for the accused

JUDGMENT

1. The Crown Prosecutor wishes to lead evidence of occasions when the complainant alleges that the accused sexually assaulted her other than the occasions which are charged in the indictment. Those occasions he has pointed out are contained in a statement from the complainant dated 17 March 2008.

2. The passages the Crown wishes to lead I have highlighted in orange. Mr Timmins of counsel objects to them being lead. The basis of Mr Timmins' objection is that the evidence will lead to the jury getting an overwhelming prejudicial impression of his client being a "dirty old man" and that the prosecution has selected a few instances in general conduct. It would be difficult to remedy this by directions. It may be challenging for a jury to understand the difference.

3. I have been referred to the judgment in the Court of Criminal Appeal in R v RG [2010] NSWCCA 173 and have read the relevant passages in that.

4. I propose to uphold the Crown Prosecutor, Mr Fox's, submission so far as some of the passages are concerned. I regard the evidence contained in paragraph 24 and 25 as relevant and as important to the prosecution case.