Abuse Victim Successful On Appeal

Warning: This article contains details about sexual assault which may be upsetting for some readers. Reader discretion is advised.

Abuse victim had primary decision against the alleged offender overturned on appeal on the basis that certificates of convictions held significant probative value in this case and that the trial judge had erred in interpreting NSW evidence legislation.

However, her appeal against the wife of the alleged offender and the State was dismissed.

In issue

• The New South Wales Court of Appeal considered the admissibility of prior certificates of conviction against an offender in the context of a civil abuse case against the State of NSW, in circumstances where the plaintiff had not tendered the certificates at trial under the relevant provisions of the Evidence Act 1995 (NSW) to prove the commission of the offences.