R v Qi [2016] ACTSC 21 — Particular Offences & Evidence — Barrister AI
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R v Qi
[2016] ACTSC 21
Supreme Court of the ACT
17 February 2016
Good law / bad law (Silk subscription)
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Interrogate
Catchwords
Criminal Law
›
Particular offences
›
indecency in the presence of a young person under the age of 16 years
›
engaging in sexual intercourse with a person under the age of 16 years.
Evidence
›
Judicial Discretion to Admit or Exclude Evidence
›
application to admit relationship and or context evidence
›
where acts are not obviously sexual in nature
›
evidence of sexualised conversations initiated by accused
›
evidence the accused would confide in the complainant
›
evidence to show nature of the relationship
›
to contextualise delay in reporting
›
application allowed in part.
Evidence
›
Judicial Discretion to Admit or Exclude Evidence
›
application to admit tendency evidence
›
to have a sexual attraction to the complainant
›
to engage in sexualised conversation with the complainant
›
to engage in sexual conduct with the complainant
›
to normalise sexual interaction through the use of pornography
›
application allowed in part.
Case Details
Citation
[2016] ACTSC 21
Court
ACTSC
Jurisdiction
Australian Capital Territory
Decision Date
17 February 2016
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[2016] ACTSC 21
4 authorities it relies on
1997
2001
2005
2009
2013
2016
Relies on
4
2012
Mm v R
ACTCA 44
2008
Rodden v Regina
NSWCCA 53
2006
Qualtieri v Regina
NSWCCA 95
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