KJS v R [2014] NSWCCA 27

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: KJS v R [2014] NSWCCA 27 Hearing dates: 28.02.2014 Decision date: 18 March 2014 Before: Hoeben CJ at CL at [1] Adams J at [47] R A Hulme J at [48] Decision: Appeal dismissed. Catchwords: CRIMINAL LAW - conviction appeal - historical sexual offences - aggravated indecent assault and aggravated sexual intercourse without consent - admissibility of other uncharged sexual acts as context evidence - whether such evidence "tendency evidence" - whether probative value of evidence outweighed by its unfair prejudice - need for evidence to explain background to what otherwise would appear to be two isolated and unconnected offences - evidence necessary to explain failure of victim to complain at the time of the offending - reasonable assumption that jury would follow judicial directions - evidence of uncharged acts admissible as context evidence. Legislation Cited: Criminal Appeal Act 1912 - s5(1)(a) Evidence Act 1995 - ss97, 101 and 137 Cases Cited: DJV v R [2008] NSWCCA 272 Gilbert v R [2000] HCA 15; 109 A Crim R 580 Glennon v R [1992] HCA 16; 173 CLR 592 Hinch & Macquarie Broadcasting Holdings Ltd v Attorney-General (Vic) [1987] HCA 56; 164 CLR 15 HML v The Queen; SB v The Queen; OAE v The Queen [2008] HCA 16; 235 CLR 334 KJS v R [2013] NSWCCA 132 Category: Principal judgment Parties: KJS - Appellant Regina - Respondent Crown Representation: Counsel: S Odgers SC - Appellant H Wilson SC - Respondent Crown Solicitors: SE O'Connor, Legal Aid NSW - Appellant S Kavanagh, Solicitor for Public Prosecutions - Respondent Crown File Number(s): 2009/59381 Decision under appeal Date of Decision: 2013-03-23 00:00:00 Before: Murrell DCJ File Number(s): 2009/59381