R v JM [2020] NSWDC 179

District Court New South Wales

Medium Neutral Citation: R v JM [2020] NSWDC 179 Hearing dates: 6 May 2020 Date of orders: 06 May 2020 Decision date: 06 May 2020 Jurisdiction: Criminal Before: Abadee DCJ Decision: See paragraph 19 Catchwords: EVIDENCE – application to lead tendency evidence – objection to cross-admissibility of tendency evidence as between complainants – whether tendency alleged is too general – whether tendency evidence is of significant probative value Legislation Cited: Evidence Act 1995 (NSW), ss 55, 97, 101 Cases Cited: Hughes v The Queen (2017) 92 ALJR 52; [2017] HCA 20 IMM v The Queen (2016) 257 CLR 300 McPhillamy v The Queen [2018] HCA 52 R v Bauer (a pseudonym) (2018) 92 ALJR 846 Texts Cited: Odgers, Uniform Evidence Law, 14th ed, Thomson Reuters Category: Procedural and other rulings Parties: Director of Public Prosecutions Mr JM Representation: Counsel: Mr J Peach for the Director of Public Prosecutions Mr J O'Sullivan for the accused

Solicitors: Solicitor for the Director of Public Prosecutions Virginia Taylor Partners File Number(s): 2017/338111 Publication restriction: Non Publication Order on the names of the complainants, the accused and each of the complainants' and the accused's family members, or any information that may identify any of them. Pseudonyms have been used for the names of the complainants, the accused, and each of the family members of the complainants and the accused.