R v AR [2019] NSWDC 71

District Court New South Wales

Medium Neutral Citation: R v AR [2019] NSWDC 71 Hearing dates: 25 February 2019, 27 February 2019 Decision date: 20 March 2019 Jurisdiction: Criminal Before: Bright DCJ Decision: (1) the evidence in respect of each of EB and KR concerning the counts on the indictment is cross admissible as tendency evidence.

(2) the following evidence is admissible as tendency evidence

(i) the statement of CR par [28]-[31] and [52]; and

(ii) the statement of BK par [6] and [9]

(iii) record of interview EB 10.1.17 relating to the evidence that for a period of 2 years the accused engaged in regular sexual acts with EB.

(iv) representations made by EB in her walk through video with police that the accused engaged in regular sexual acts with EB;

(v) the evidence of complaint by EB to LM about the accused's conduct towards her (ROI QA 35,36, 62-81)

(vi) Record of interview EB 30.11.17 QA 58-103;

(vii) Evidence of TS [par 5-6]

(viii) Record of Interview ZB 12.01.17 (QA 112-189, 190-253) Legislation Cited: Evidence Act 1995 Cases Cited: BC v R [2015] NSWCCA 327 Ceissman v R [2015] NSWCCA 74 DSJ v R; NS v R [2012] NSWCCA 9; 84 NSWLR 758 Hughes v R [2015] NSWCCA 330 IMM v The Queen [2016] HCA 14; 257 CLR 300 at 315 R v LN; R v AW (No. 1) [2017] NSWSC 119 R v Lockyer (1996) 89 A Crim R 457 R v Ngatikaura [2006] NSWCCA 161; 161 A Crim R 329 R v Shamouil [2006] NSWCCA 112; 66 NSWLR 228 The Queen v Bauer 2018 HCA 40 Category: Procedural and other rulings Parties: Regina (Crown) AR (Accused) Representation: Counsel: Ms E Nicholson for the Crown Mr J O'Sullivan for the accused