R v RJW [2019] NSWDC 303

District Court New South Wales

Medium Neutral Citation: R v RJW [2019] NSWDC 303 Hearing dates: 26 - 27 June 2019 Date of orders: 24 June 2019 Decision date: 26 June 2019 Jurisdiction: Criminal Before: Grant DCJ Decision: Evidence sought to be led by the Crown pursuant to the tendency notice is admissible Catchwords: EVIDENCE — Character evidence — Tendency rule CRIME — Sexual offences — Aggravated sexual assault — Victim <16 years Legislation Cited: Evidence Act Cases Cited: Hughes v The Queen [2017] HCA 20; (2017) 344 ALR 187 R v Bauer [2018] HCA 40 R v Ford [2009] NSWCCA 306 Category: Procedural and other rulings Parties: Regina (Crown) RJW (Accused) Representation: Counsel: Mr P Lowe (Crown) Ms M Swift (Accused)

Solicitors: Solicitor for Public Prosecutions (Crown) Legal Aid NSW (Accused) File Number(s): 2017/42529 Publication restriction: identifying details of complainants

Judgment

INTRODUCTION 1. The accused faces a 16 count indictment. Count 1 is an allegation of sexual intercourse without consent with KL. The other 15 counts relate to LB and involve ten counts of sexual intercourse (counts 2, 3, 5, 6, 7, 8, 9, 11, 14, and 16). There is one count of attempted sexual intercourse (12), two counts of committing an act of indecency (counts 13 and 15), one count of indecent assault (count 10) and one count of assault with an act of indecency (4).

THE NOTICE 1. By notice the Crown asserts tendency. The notice is dated 6 May 2019. The tendency sought to be proved is: "(2A) Has a tendency to have a sexual interest in teenage girls aged 16 years and under who are under his authority and supervision including KL and LB, and; (2B) has a tendency to act on that sexual interest by engaging in sexual conduct with KL and LB while they were at his family home just not opportunistically and where there was a risk of detection (either by way of complaint from the girls in question or as a result of someone witnessing an incident and/or walking in)".