Category Archives: s. 194M

Tasmania v Martin (No 2) [2011] TASSC 36 (23 June 2011

http://www.austlii.edu.au/au/cases/tas/supreme_ct/2011/36.html

Criminal Law – Procedure – Information, indictment or presentment – Joinder – By statute – Same facts or series of offences of same or similar character – Sexual offences against a young person – Joinder of count of possession of child exploitation material – Whether offences of same or similar character.
R v Carr [2003] TASSC 123; R v May [2007] QCA 333, applied.

Aust Dig Criminal Law [3075]

Criminal Law – Evidence – Propensity, tendency and coincidence – Admissibility and relevancy – Tendency under uniform evidence law – Other cases – Sexual offences against a young person – Admissibility of evidence of possession of child pornography – Whether evidence of significant probative value – Whether evidence should be excluded.
R v PWD (2010) 205 A Crim R 75; CGL v DPP [2010] VSCA 26; (2010) 24 VR 486, applied.

Aust Dig Criminal Law [2782]

Criminal Law – Evidence – Propensity, tendency and coincidence – Admissibility and relevancy – Tendency and coincidence evidence under uniform evidence law – For particular purpose – Rebuttal of possible defence – Particular cases – Sexual offences against young person – Out of court statements by accused of abhorrence of sexual intercourse with young persons – Evidence of possession of child pornography admissible for purposes of context and credibility.

Aust Dig Criminal Law [2784]

Criminal Law – Evidence – Relevance – Particular cases – Sexual offences – Statutory prohibition except with leave on evidence of the sexual experience of the complainant – Leave not to be granted unless Court satisfied the evidence has direct and substantial relevance to a fact or matter in issue – Meaning of “direct and substantial relevance.”

Evidence Act 2001 , s194M(2).
Quenchy Crusta Sales Pty Ltd v Logi-Tech Pty Ltd [2002] SASC 374; VOT v Western Australia [2008] WASCA 102; (2008) 184 A Crim R 284, applied.

Aust Dig Criminal Law [2675]

Criminal Law – Evidence – Relevance – Particular cases – Sexual offences against young person – Belief of accused as to age of complainant relevant to all counts – Offences committed in the course of complainant’s work as a prostitute – Relevance of evidence of other clients of complainant as to observations and belief about age.
Simmons (1931) 23 Cr App R 25; USA v Yazzie 976 F 2d (9th Cir 1992), considered.
Aust Dig Criminal Law [2675]

Tasmania v Martin [2010] TASSC 51 (11 November 2010)

http://www.austlii.edu.au/au/cases/tas/supreme_ct/2010/51.html

Criminal Law – Procedure – Prosecution – Other matters – Preliminary proceedings orders – Whether order should be made – Question arising whether evidence admissible – Desirability of non-publication of evidence before trial – Whether more convenient and desirable to hear evidence of witnesses on voir dire and not in preliminary proceedings before justices.
Aust Dig Criminal Law [3037]

Smith, M and Madden v R [2003] TASSC 91 (24 September 2003)

[2003] TASSC 91

Criminal Law – Appeal and new trial and inquiry after conviction – Appeal and new trial – Miscarriage of justice – Tests – Whether the jury would have returned the same verdict – General principles – Assuming, but not deciding, prosecution failed to disclose to defence certain evidence, no miscarriage of justice resulted.

Mraz v R [1955] HCA 59; (1955) 93 CLR 493; R v Storey [1978] HCA 39; (1978) 140 CLR 364; Wilde v R [1988] HCA 6; (1988) 164 CLR 365, referred to.

Aust Dig Criminal Law [952]

Criminal Law – Appeal and new trial and inquiry after conviction – Appeal and new trial – Particular grounds – Fresh evidence – Availability at trial, materiality and cogency – Generally – Assuming, but not deciding, there was fresh evidence, its admission at trial would not have been likely to have affected result.

Ratten v R [1974] HCA 35; (1974) 131 CLR 510; Lawless v R [1979] HCA 49; (1979) 142 CLR 659; Askeland v R (1983) 18 A Crim R 102; TKWJ v R (2002) 133 A Crim R 574, referred to.

Aust Dig Criminal Law [988]

Thow v R [2003] TASSC 137 (15 December 2003)

[2003] TASSC 137

Criminal Law – Appeal and new trial and inquiry after conviction – Particular grounds – Unreasonable or insupportable verdict – Where appeal dismissed – Inconsistent verdicts – Sexual offences – Whether verdicts reconcilable.

MacKenzie v R [1996] HCA 35; (1996) 190 CLR 348, applied.

Aust Dig Criminal Law [969]

R v Thow [2003] TASSC 16 (8 April 2003)

[2003] TASSC 16

Criminal Law – Evidence – Evidentiary matters relating to witnesses and accused persons – Evidence of sexual experience, reputation and morality – Statutory test as to inclusion of prior sexual experience – Relevance to the conduct of the complainant – Proposed questions to a secondary issue.

Evidence Act 2001  (Tas), s194M.

HG v R [1999] HCA 2; (1999) 197 CLR 414, considered.

Aust Dig Criminal Law [574]