R v Wong, Zany [2010] NSWDC 32

New South Wales District Court

CITATION: R v Wong, Zany [2010] NSWDC 32

HEARING DATE(S): 15/02/10 and 16/02/10

JUDGMENT DATE: 18 February 2010

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

1.Crown application to lead Coincidence Evidence rejected. DECISION: 2.Crown application to lead Tendency Evidence rejected. 3.Defence application for severance of indictment is granted so that each indictment presented refers to one complainant only 4.Portions of the Apology Ceremony as set out in the judgement will be admitted as indicated. The remainder of the Apology Ceremony is excluded subject to Crown or defence applying for further portions to be admitted to redress balance or give fuller explanation.

CATCHWORDS: Criminal Law - Interlocutory Judgment - Application for severence of charges - Applications to exclude evidence of apology - exclude tendency and coincidence evidence - excluse uncharged acts - identification of matters constituting tendency - reasons for admitting evidence of apology.

LEGISLATION CITED: Evidence Act 1995

CASES CITED: AE v R [2008] NSWCCA 52 Hock v The Queen (1988) 165 CLR 292

PARTIES: Regina Zany Wong

FILE NUMBER(S): 2009/00066126

COUNSEL: Crown: N Williams Defence: A Robinson

JUDGMENT 1. Zany Wong is of Chinese heritage and Burmese origin. On 15 February 2010 he had been arraigned upon ten counts of sexual assault. These assaults were said to involve three female victims also members of the Burmese Chinese community located in North Western Sydney. Four acts of indecency are said to have been committed upon one Lynn H. between January 2001 and December 2001 (Counts 1 to 4).