R v Peridot [2014] NSWDC 261

District Court New South Wales

Medium Neutral Citation: R v Peridot [2014] NSWDC 261 Decision date: 18 November 2014 Jurisdiction: Criminal Before: Cogswell SC DCJ Decision: 1) I reject the Accused's application for separate trials in respect of the two counts on the indictment.

2) I rule that s 293(3) of the Criminal Procedure Act 1986 does not apply to cross-examination of the complainant in respect of any sexual activity that occurred on 15 and 17 October 2013 and in respect of any sexual activity led by the Crown Prosecutor pursuant to paragraph 3.

3) I rule that s 293(3) of the Criminal Procedure Act 1986 does not apply to evidence of any sexual activity between the complainant and the accused, which is the subject of paragraphs 6-8 of Exhibit VD B. Catchwords: CRIMINAL LAW - particular offences - offences against the person - assault occasioning actual bodily harm - sexual intercourse without consent - domestic relationship - intimidation and physical violence - rough and aggressive ongoing sexual relationship - application for separate trials in respect of each count - offences form part of a series of offences of a similar character - no prejudice or embarrassment to accused EVIDENCE - context evidence - relationship evidence - high probative value - admissibility of evidence relating to sexual experience - events that are alleged to form part of a connected set of circumstances in which the alleged prescribed sexual offence was committed CROSS-EXAMINATION – other sexual activity – leave granted Legislation Cited: Evidence Act 1995 (NSW), s 137 Criminal Procedure Act 1986, ss 21, 29, 293 Category: Procedural and other rulings Parties: Regina (Crown) Samuel Peridot (accused) Representation: Counsel: S Hughes (Crown) A Miller (accused)