R v Pazmino [2010] ACTSC 148 (25 November 2010)

http://www.austlii.edu.au/au/cases/act/ACTSC/2010/148.html

CRIMINAL LAW – sexual intercourse without consent – acts of indecency – eight separate incidents – seven complainants

EVIDENCE – pre-trial application – application to sever the indictment – application partially granted

EVIDENCE – pre-trial application – application to adduce evidence of tendency and coincidence – whether evidence has significant probative value – whether probative value substantially outweighs prejudicial effect – unrelated issues – unfair prejudice – application partially dismissed – allegations of similar and underlying unity – relevant to rebut suggestion of accident – relevant to rebut lack of awareness of inappropriateness – relevant to general context – application partially granted

Evidence Act 1995 (Cth), ss 55, 95, 97, 98, 101, 135, 137