R v CJ [2016] NSWDC 110

District Court New South Wales

Medium Neutral Citation: R v CJ [2016] NSWDC 110 Hearing dates: 11 and 12 May 2016 Date of orders: 24 June 2016 Decision date: 24 June 2016 Jurisdiction: Criminal Before: Whitford SC DCJ Decision: See paragraph [80] Catchwords: Evidence – tendency evidence – significant probative value – potential prejudice – Crown case dependent solely upon tendency and opportunity Legislation Cited: Evidence Act 1995 – ss 55; 56; 97 and 101 Cases Cited: Hughes v R [2015] NSWCCA 63 Elomar & Ors v R [2014] NSWCCA 303 R v Gale & Duckworth [2012] NSWCCA 174 Aravena v R [2015] NSWCCA 288 R v Ford [2009] NSWCCA 306 IMM v R [2016] HCA 14 Dupas v R [2012] VSCA 328 R v Shamouil (2006) 66 NSWLR 22 DSJ v R [2012] NSWCCA 63. Category: Procedural and other rulings Parties: Regina CJ – Accused Representation: Counsel: Ms A Bowens – Crown Mr S Loomes – Accused

Solicitors: Director of Public Prosecutions SGJ Law File Number(s): 2014/251808 Publication restriction: Non Publication Order – Names of Accused, Child and Witness.

Judgment

Introduction 1. On 11 May 2016, the accused (CJ) was arraigned before me on an indictment charging that at some time between 13 June 2014 and 13 July 2014 she recklessly caused grievous bodily harm to MJ, her infant son. 2. MJ was born on 2 April 2014. CJ, MJ, MJ's father (MS) and his grandmother (MP) all lived together in the Coffs Harbour region. 3. The following summary of facts and record of various medical procedures, investigations and opinions is taken primarily from a preliminary report of Dr Vimpani, a child protection paediatrician, tendered by the Crown on the voir dire.