SA v R

[2024] NSWCCA 50

NSW Court of Criminal Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Criminal Law
2. › Appeals
3. › Appeal against conviction
4. › Admission of evidence
5. › Context evidence
6. › Whether trial judge erred in admitting context evidence of uncharged sexual acts
7. › Whether act of fellatio exceeded gravity of counts on indictment because of complainant's young age
8. › Whether ground of appeal may be raised when no submission to that effect made at trial
9. › Criminal Appeal Rules r 4.15
1. Evidence
2. › Exclusion of evidence
3. › Mandatory exclusion where probative value outweighed by danger of unfair prejudice
4. › Whether s 137 engaged where no objection taken at trial
5. › Whether trial judge properly applied s 137 balancing test
6. › Evidence Act 1995 (NSW), s 137
1. Criminal Law
2. › Evidence
3. › Context evidence
4. › Sexual offences
5. › Earlier uncharged acts of sexual abuse
6. › Relevance to delay in complaint and continuing fear
7. › Whether evidence of greater gravity than charged offences
8. › Crimes Act 1900 (NSW), ss 61J, 61KC, 61M, 66A

Quick Take

Section 137 of the Evidence Act 1995 (NSW) is not engaged in respect of evidence to which no objection was taken at trial, and an appellant cannot raise on appeal a basis for exclusion of context evidence that was not put to the trial judge.