NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: ES v R (No.1) [2010] NSWCCA 197 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 12 July 2010
JUDGMENT DATE: 6 September 2010
JUDGMENT OF: Hodgson JA at 1; Whealy J at 65; Buddin J at 66
(1) Leave to appeal granted. DECISION: (2) Appeal allowed. (3) Convictions and sentences quashed. (4) Direct that there be a new trial.
CATCHWORDS: CRIMINAL LAW – Appeal against conviction – Sexual assault of a child – Evidence of uncharged acts admitted over objection – Requirements for admission as tendency evidence not satisfied – Whether evidence admissible as context evidence – Whether probative value outweighed by danger of unfair prejudice – Whether proviso should be applied.
Criminal Appeal Act 1912 ss 6, 8 LEGISLATION CITED: Criminal Appeal Rules Rule 4 Evidence Act 1995 ss 97, 101, 110
CATEGORY: Principal judgment
DJV v R [2008] NSWCCA 272 HML v The Queen [2008] HCA 16; (2008) 235 CLR 334 JDK v R [2009] NSWCCA 76; (2009) 194 A Crim R 333 CASES CITED : Leonard v R [2006] NSWCCA 267; (2006) 67 NSWLR 545 Qualtieri v R [2006] NSWCCA 95; (2006) 171 A Crim R 463 ST v R [2010] NSWCCA 5 Weiss v The Queen [2005] HCA 81; (2005) 224 CLR 300
PARTIES: ES (appellant) The Crown
FILE NUMBER(S): CCA 2008/2799
COUNSEL: B RIGG (appellant) S DOWLING (Crown)
SOLICITORS: Legal Aid Commission of NSW (appellant) Director of Public Prosecutions (Crown)
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