Full Court Minute Books

Case S158/2023

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)

[2022] NSWCCA 282

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

*The due dates shown for documents on this page are indicative only.