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Judgment date
Case number
P62/1998
P63/1998
P64/1998
Before
Gleeson CJ, McHugh, Gummow, Kirby, Hayne JJ
Catchwords
Evidence – Admissibility of evidence - Exclusion of evidence as to disposition of complainant in cases of sexual offences - Whether evidence admissible at common law - Whether evidence excluded by the Evidence Act 1906 (WA), ss 36BA, 36BC - Res gestae - Hearsay rule.
Criminal law – Sexual offences - Evidence - Admissibility - Evidence as to disposition of complainant - Whether excluded by Evidence Act 1906 (WA), ss 36BA, 36BC.
Words and phrases – "res gestae" - "sexual reputation of the complainant" - "disposition of the complainant in sexual matters" - "sexual experiences of the complainant" - "hearsay".
Evidence Act 1906 (WA) – ss 36B, 36BA, 36BC.