Cook (A Pseudonym) v. The King
Case No.
S158/2023
Case Information
Lower Court Judgment
15/12/2022 Supreme Court of New South Wales (Court of Criminal Appeal) (Beech-Jones CJ at CL; Adamson J; Bellew J)
Catchwords
Evidence – Admissibility of evidence about complainant’s sexual experience or activity – Temporal limitations – Where appellant convicted of sexual offences against child – Where issue arose prior to trial regarding admissibility of evidence relating to complainant’s complaint of sexual assault by another member of her family – Where common ground evidence of other offences probative and appellant sought to adduce the evidence in their defence – Where s 293 of Criminal Procedure Act 1986 (NSW) provides evidence of sexual experience inadmissible subject to exceptions – Where trial judge ruled evidence of other offences inadmissible in appellant’s trial – Whether Court of Criminal Appeal erred in constructing s 293(4) – Whether Court erred in holding permissible to mislead jury by cross-examination in order to attempt to counteract unfairness occasioned by exclusion of s 293 evidence – Whether Court erred in ordering appellant be retried – Whether Court erred in refusing to stay proceedings.
Documents*
21/11/2023 Hearing (SLA, Canberra)
05/12/2023 Notice of appeal
30/01/2023 Written submissions (Appellant)
25/01/2023 Chronology (Appellant)
20/02/2023 Written submissions (Respondent)
12/03/2023 Reply
15/05/2024 Hearing (Full Court, Canberra)
*The due dates shown for documents on this page are indicative only.