Jones v R [2014] NSWCCA 280

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Jones v R [2014] NSWCCA 280 Hearing dates: 10 October 2014 Decision date: 01 December 2014 Before: Gleeson JA at [1] Schmidt J at [2] Bellew J at [3] Decision: 1) Leave to appeal on the fourth issue is refused. 2) Leave to appeal on each of the first, second and third issues is granted. 3) The appeal is dismissed. Catchwords: CRIMINAL LAW – evidence – tendency evidence - applicant indicted on multiple counts of sexual assault involving three complainants – Crown relied upon tendency evidence and opposed separation of counts – suggestion of concoction or contamination – where primary judge found that there was no evidence of concoction or contamination – whether such finding open on the evidence

CRIMINAL LAW – evidence – tendency evidence - applicant indicted on multiple counts of sexual assault involving three complainants – Crown relied upon tendency evidence and opposed separation of counts – suggestion of concoction or contamination - relevance of the application of common law principles in determining the admissibility of tendency evidence

CRIMINAL LAW – evidence – tendency evidence - applicant indicted on multiple counts of sexual assault involving three complainants – Crown relied upon tendency evidence and opposed separation of counts – suggestion of concoction or contamination – whether concoction or contamination were matters going to reliability and credibility – whether they were matters which were relevant to a determination of the probative value of the evidence Legislation Cited: Crimes Act 1900 NSW Criminal Appeal Act 1912 NSW Evidence Act 1995 NSW Court Suppression and Non-publication Orders Act 2012 Cases Cited: AE v R [2008] NSWCCA 52 BJS v R [2011] NSWCCA 239 BJS v R [2013] NSWCCA 123 BP v R; R v BP [2010] NSWCCA 303 DAO v R [2011] NSWCCA 63; (2011) 81 NSWLR 568 Director of Public Prosecutions v Boardman [1975] AC 421 DSJ v R; NS v R [2012] NSWCCA 9; (2012) 84 NSWLR 758 FB v R; R v FB [2011] NSWCCA 217 Hoch v The Queen [1988] HCA 57; (1988) 165 CLR 292 Papakosmas v R [1999] HCA 37; (1999) 196 CLR 297 R v Ellis [2003] NSWCCA 319; (2003) 58 NSWLR 700 Saoud v R [2014] NSWCCA 136 R v Shamouil [2006] NSWCCA 112; (2006) 66 NSWLR 228 R v XY [2013] NSWCCA 121; (2013) 84 NSWLR 363 Category: Principal judgment Parties: Marc Andrew Jones - Applicant Regina – Respondent Representation: Counsel: D G Dalton SC - Applicant T Smith – Respondent