R v Rodney Paterson (No 1) [2014] NSWSC 29

Supreme Court New South Wales

Medium Neutral Citation: R v Rodney Paterson (No 1) [2014] NSWSC 29 Hearing dates: 4 February 2014 Decision date: 06 February 2014 Before: Bellew J Decision: 1.The evidence of the witnesses Innis and Flagg will be admitted. 2.The evidence of those parts of the conversation of 10 August 2009 in which there was discussion about the accused's involvement in a previous instance of group sex will be excluded. 3.The evidence of the entirety of the conversation of 30 September 2011 will be excluded. Catchwords: EVIDENCE - tendency evidence - whether evidence relied upon as tendency evidence had significant probative value - whether other inferences relied upon by the Crown reasonably open Legislation Cited: Evidence Act 1995 NSW Cases Cited: GBF v R [2010] VSCA 135 KRI v R [2011] VSCA 127 R v Ellis [2003] NSWCCA 319; (2003) 58 NSWLR 700 R v Ford [2009] NSWCCA 306 R v PWD R v Suteski [2002] NSWCCA 509; (2002) 56 NSWLR 182 R v Watkins (2005) NSWCCA 164 Zaknic Pty v Svelte Corporation Pty Limited (1995) 61 FCR 171 Category: Procedural and other rulings Parties: Regina - Crown Rodney Paterson - Accused Representation: Counsel: Mr K McKay - Crown Mr J Stratton SC and Ms B O'Reilly - Accused Solicitors: Solicitor for Public Prosecutions (NSW) - Crown Peter Murphy - Accused File Number(s): 2011/248808 Publication restriction: NIL