R v Edwards [2015] NSWCCA 24

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Edwards [2015] NSWCCA 24 Hearing dates: 30 June 2014 Decision date: 20 March 2015 Before: Hoeben CJ at CL at [1]; Harrison J at [2]; McCallum J at [79]. Decision: (1) Allow the appeal in part. (2) Vacate the ruling given on 10 February 2014 relating to the evidence objected to under s 293 of the Criminal Procedure Act 1986. (3) Vacate the ruling given on 27 February 2014 relating to tendency evidence so far as it concerns categories (ii) and (vi). (4) Otherwise dismiss the appeal. Catchwords: CRIMINAL LAW – appeal – Criminal Appeal Act 1912 s 5F(3A) – whether evidence of complainants' prior sexual experience admissible pursuant to s 293(4)(a) of the Criminal Procedure Act 1986 – whether sexual experience formed part of a connected set of circumstances in which the alleged sexual offences were committed - tendency evidence – coincidence evidence Legislation Cited: Criminal Appeal Act 1912 Criminal Procedure Act 1986 Evidence Act 1995 Cases Cited: DSJ v R; NS v R [2012] NSWCCA 9 GEH v R [2012] NSWCCA 150 R v Burton [2013] NSWCCA 335 R v Nguyen [2010] NSWCCA 97 R v Shamouil [2006] NSWCCA 112; (2006) 66 NSWLR 228 R v White (1989) 18 NSWLR 332 R v Yates [2002] NSWCCA 520 Taylor v R [2009] NSWCCA 180 Category: Principal judgment Parties: Crown (Applicant) Philip Edwards (Respondent) Representation: Counsel: R A Herps (Applicant) M J Johnston (Respondent)