The King v LJ

[2023] NTSC 17

Supreme Court of the Northern Territory

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Interrogate

Catchwords

1. Criminal Law
2. › Jurisdiction, practice and procedure
3. › Joinder of charges
4. › whether charges form part of a series of offences of the same or similar conduct
5. › where legal character and components of the offences have significant degree of similarity
6. › where the offences are sufficiently similar in fact
7. › charges properly joined
1. Evidence
2. › Admissibility and relevance
3. › Evidence (National Uniform Legislation) Act (NT) ss 97, 97A, 101
4. › whether evidence of charged acts and uncharged acts cross-admissible as tendency evidence
5. › where charged acts are child sexual offences
6. › evidence of all charged and uncharged acts has significant probative value in relation to all charges
7. › probative value outweighs any danger of unfair prejudice to the accused
8. › evidence admitted as tendency evidence
1. Criminal Law
2. › Jurisdiction, practice and procedure
3. › Application to sever indictment
4. › where charged acts are sexual offences
5. › evidence cross-admissible between counts for tendency purposes
6. › potential prejudice may be addressed by a proper direction to the jury
7. › application dismissed
1. BD v The Queen [2017] NTCCA 2; HML v The Queen; SB v The Queen; OAE v The Queen [2008] HCA 16; (2008) 235 CLR 334; Hughes v The Queen [2017] HCA 20; (2017) 263 CLR 338; IMM v The Queen [2016] HCA 14; (2016) 257 CLR 300; Saoud v The Queen [2014] NSWCCA 136; Taylor v The Queen [2020] NSWCCA 355; The Queen v AW [2018] NTSC 29; The Queen v Bauer [2018] HCA 40; (2018) 266 CLR 56; The Queen v GH (No 2) [2018] NTSC 23; The Queen v Lisoff [1999] NSWCCA 364; The Queen v LM [2017] NTSC 81, applied.