R v DLW [2019] NSWDC 305

District Court New South Wales

Medium Neutral Citation: R v DLW [2019] NSWDC 305 Hearing dates: 28 June 2019 Date of orders: 01 July 2019 Decision date: 01 July 2019 Jurisdiction: Criminal Before: Bright DCJ Decision: (1) I decline to admit the evidence of LM as tendency evidence with respect to counts 4, 5 and 6. (2) I decline to admit the evidence of BW as tendency evidence with respect to counts 1, 2 and 3. (3) I admit the evidence of LM as tendency evidence in relation to counts 1, 2 and 3. (4) I admit the evidence of BW as tendency evidence in relation to counts 4, 5 and 6. (5) I order that there be separate trials in relation to counts 1, 2, 3 (LM) and counts 4, 5 6 (BW). Catchwords: Admissibility of Tendency Evidence – Temporal Gap – Significant Probative Value Legislation Cited: Crimes Act 1900 (NSW), ss 61J, 66A Evidence Act 1995 (NSW), ss 55, 97, 101 Cases Cited: BC v R [2019] NSWCCA 111 McPhillamy v R [2018] HCA 52 R v Bauer (a Pseudonym) [2018] HCA 40 R v LN; R v AW (No. 1) [2017] NSWSC 119 Category: Procedural and other rulings Parties: Regina (Crown) DLW (Accused) Representation: Counsel: Ms K Tennant (Crown) Mr J O'Sullivan (Accused)

Solicitors: Director of Public Prosecutions (Crown) Legal Aid (Accused) File Number(s): 2017/134016 Publication restriction: Section 578(2), Crimes Act applies to this matter – no publication of any matter which identifies the complainants or may lead to the identification of the complainants.