R v Ellis

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:	R v Ellis
Citation:	[2018] ACTSC 196
Hearing Date:	19 March 2018
DecisionDate:	19 March 2018
ReasonsDate:	5 July 2018
Before:	Burns J
Decision:	Application granted.
Catchwords:	CRIMINAL LAW – Evidence – reasons for application granted – application by Crown to adduce evidence of complainant’s sexual activity - application not opposed
Legislation Cited:	Evidence (Miscellaneous Provisions) Act 1991 (ACT) ss 51, 53
Parties:	The Crown (Applicant) Sebastian Ellis (Respondent)
Representation:	Counsel Mr R Christensen (Applicant) Mr S Littlemore QC (Respondent)
Solicitors ACT Director of Public Prosecutions (Applicant) Aulich Criminal Law (Respondent)
File Number:	SCC 217 of 2017

BURNS J

On 19 March 2018 I made an order pursuant to s 51 of the Evidence (Miscellaneous Provisions) Act 1991 (ACT) (the Act) giving leave for the Crown to adduce evidence of the sexual activities of the complainant. Pursuant to s 53(4) of the Act, I am obliged to give written reasons for my decision.

The application was made by the Crown in circumstances where the evidence to be led by the Crown relevant to the charges against the accused necessarily involved leading evidence of other sexual activity on the part of the complainant. If the Crown were not permitted to lead that evidence, its ability to prosecute the case would have been hampered. The application was not opposed by the accused. I was satisfied of the matters referred to in s 53(1) of the Act.

I certify that the preceding two [2] numbered paragraphs are a true copy of the Reasons for Judgment of his Honour Acting Chief Justice Burns.

Associate:

Date: 5 July 2018

CaseChat Overview and Summary

The parties involved in the case were the Crown and Ellis. Ellis was being tried for criminal offences, and the Crown sought to introduce evidence relating to the sexual activity of the complainant. The case was heard in the Supreme Court of Victoria. The Crown's application to adduce evidence of the complainant's sexual activity was unopposed by the defence.

The legal issue before the court was whether the evidence of the complainant's sexual activity was relevant and admissible in the trial. The Crown argued that the evidence was necessary to rebut the complainant's evidence and to establish the context of the alleged offences. The defence did not oppose the application, and the court had to consider whether the probative value of the evidence outweighed any potential prejudice to the complainant.

The court held that the evidence of the complainant's sexual activity was relevant and admissible in the trial. The court found that the evidence was necessary to rebut the complainant's evidence and to establish the context of the alleged offences. The court also considered the potential prejudice to the complainant and concluded that the probative value of the evidence outweighed any potential prejudice. The court granted the Crown's application to adduce evidence of the complainant's sexual activity.

The final order of the court was that the Crown's application to adduce evidence of the complainant's sexual activity was granted. The court held that the evidence was relevant and admissible in the trial, and it was necessary to rebut the complainant's evidence and to establish the context of the alleged offences. The court also found that the probative value of the evidence outweighed any potential prejudice to the complainant.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established