R v Cattle

[2020] ACTSC 8

Supreme Court of the ACT31 January 2020

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Interrogate

Catchwords

1. Criminal Law
2. › Evidence
3. › Tendency evidence
4. › Multiple complainant sexual offence case
5. › Common features linking offending
6. › Whether evidence significantly probative
7. › Evidence Act 2011 (ACT), ss 97, 101
1. Criminal Law
2. › Evidence
3. › Tendency evidence
4. › Prejudicial effect
5. › Whether probative value substantially outweighs prejudicial effect
6. › Amelioration by judicial direction
7. › Evidence Act 2011 (ACT), s 101
1. Criminal Law
2. › Child sexual offences
3. › Course of conduct charge
4. › Retrospectivity
5. › Whether s 66B of Crimes Act 1900 (ACT) applies to offences committed before commencement
6. › Presumption against retrospectivity
7. › Whether clear legislative intention expressed
8. › Crimes Act 1900 (ACT), s 66B
1. Statutes
2. › Interpretation
3. › Retrospectivity
4. › Presumption against retrospective operation
5. › Procedural versus substantive provisions
6. › Whether provision alters fundamental rights of accused
7. › Whether clear statement of retrospective intention
8. › Legislation Act 2001 (ACT), s 141

Quick Take

Section 66B(12)(b) of the Crimes Act 1900 (ACT) clearly expresses the legislature's intention that course of conduct charges for child sexual offences apply to offences committed before the provision's commencement on 5 December 2018. The generality inherent in a s 66B charge does not necessarily deprive tendency evidence of significant probative value where the alleged facts are sufficiently detailed as to what occurred and where.