R v Ryan [2013] NSWCCA 316

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Ryan [2013] NSWCCA 316 Hearing dates: 19 September 2013 Decision date: 13 December 2013 Before: THE COURT ( Latham J, Schmidt J, Beech-Jones J) Decision: (1)The Crown appeal pursuant to s 5F(3A) of the Criminal Appeal Act 1912 (the Act) is granted. (2)The rulings of Quirk DCJ on 13 May 2013 with respect to the admissibility of all recorded conversations between the complainant and the respondent are set aside (3)The recordings of the conversations are admissible Catchwords: CRIMINAL LAW - section 5F appeal - Crown appeal - sexual and physical assaults by respondent against adopted daughter - four counts of aggravated indecent assault, four counts of sexual intercourse with child between ages of 10 and 16 in circumstances of aggravation, three counts of sexual intercourse without consent, two counts of assault occasioning actual bodily harm, two counts of common assault, and two alternative accounts of aggravted indecent assault - trial judge made rulings regarding admissibility of recorded conversations between complainant and respondent - whether exclusion of recorded conversations substantially weakens Crown case - whether trial judge erred in finding that probative value of evidence of admissions was not high - whether trial judge erred in excluding evidence of admissions pursuant to s 137, Evidence Act - whether trial judge erred in excluding evidence of admissions pursuant to s 90, Evidence Act - appeal allowed - rulings of trial judge vacated Legislation Cited: Criminal Appeal Act 1912 Evidence Act 1995 Cases Cited: Christian v R [2012] NSWCCA 34 Em v The Queen [2007] HCA 46 ; 239 ALR 204 Festa v The Queen [2001] HCA 72; 208 CLR 593 Pavitt v R [2007] NSWCCA 88 Pfennig v the Queen [1995] HCA 7; 182 CLR 461 R v Murray (1987) 11 NSWLR 12 R v Shamouil [2006] NSWCCA 112 ; 66 NSWLR 228 R v Swaffield ; Pavic v The Queen [1998] HCA 1 ; 192 CLR 159 R v XY [2013] NSWCCA 121 Category: Principal judgment Parties: Regina - Crown Appellant Robert Ryan - Respondent Representation: Counsel H Wilson SC - Crown Appellant A Bellanto QC - Respondent Solicitors Solicitor for the Director of Public Prosecutions - Crown Appellant Marsdens Law Group - Respondent File Number(s): 2011/320362 Publication restriction: Publication prohibited pending outcome of trial. Trial now concluded. Decision under appeal Date of Decision: 2013-05-13 00:00:00 Before: AM Quirk DCJ File Number(s): 2011/320362