R v DJR [2008] NSWDC 181

New South Wales District Court

CITATION: R v DJR [2008] NSWDC 181

HEARING DATE(S): 5 August 2008 - 14 August 2008 - Trial EX TEMPORE JUDGMENT DATE : 5 August 2008

JURISDICTION: Criminal

JUDGMENT OF: Goldring DCJ

DECISION: Rule that the evidence is admissible.

CATCHWORDS: EVIDENCE - Tendency evidence - child pornography - whether evidence of state of mind - probative value - prejudicial effect

LEGISLATION CITED: Evidence Act 1995

R v Leonard [2006] NSWCCA 276 R v Lockyer (1996) 89 ACR 457 CASES CITED: R v Fletcher [2005] NSWCCA 338; 156 ACR 308 R v Ellis [2003] NSWCCA 319 R v MM [2004] NSWCCA 364

PARTIES: Crown DJR (Accused)

FILE NUMBER(S): 2008/110730

COUNSEL: K Ratcliffe (Crown) W Flynn (Accused)

SOLICITORS: NSW DPP Marsdens

JUDGMENT

1 HIS HONOUR: In this application the Crown applies to call tendency evidence. The Crown has served notice that it proposes to rely on a number of pornographic images, stories and movie files recovered from a computer, seized when a search warrant was executed at the home of the accused.

2 The tendency sought to be proved is the accused's tendency to have a particular state of mind, namely to fantasise about sexual acts with young girls, as evidenced by his possession of pornographic material which included images, stories and movies of adult males carrying out sexual acts upon young girls of a similar age to the complainant, as well as young girls being in sexually explicit poses. On 19 December 2007, the accused pleaded guilty to a charge of possessing child pornography at the Liverpool Local Court, and by this plea he admitted possession of the material.