R v Johnston (a pseudonym) [2019] NSWDC 61

District Court New South Wales

Medium Neutral Citation: R v Johnston (a pseudonym) [2019] NSWDC 61 Hearing dates: 25 February 2019 Date of orders: 25 February 2019 Decision date: 25 February 2019 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Separate trials Counts 1 to 6 and 7 to 11. Tendency evidence allowed Counts 1 to 6. Catchwords: Interlocutory orders - separate trials - admissibility of tendency evidence – cross admissibility - application of High Court Authority Legislation Cited: Crimes Act 1900 Criminal Procedure Act 1987 Evidence Act 1995 Cases Cited: Festa v The Queen (2001) 208 CLR 593 GSH v R; R v GSH [2009] NSWCCA 214 Hughes v The Queen (2017) 92 ALJR 52; 344 ALR 187; [2017] HCA 20 IMM V The Queen (2016) 257 CLR 300 McPhillamy v The Queen [2018] HCA 52 The Queen v Bauer (a pseudonym) [2018] HCA 40 The Queen v Dickman [2017] HCA 24 Category: Procedural and other rulings Parties: Phillip Johnston (Offender) Director of Public Prosecutions Representation: Counsel: Mr D Coyne (for the offender) Ms N Keay (for the Director of Public Prosecutions)

Solicitors: Ms A Fisher (for the offender) Ms J Azad (for the Director of Public Prosecutions) File Number(s): 2017/00187461 Publication restriction: No publication of any information that might identify child complainants inluding the identity of the defendant.. Each is to be referred to by a pseudonym which will not be their real initials. The Offender is referred to in this judgment by a pseudonym.