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Director of Public Prosecutions [DPP] v Pearson, Thomas (a pseudonym) [2021] VSCA 336

Victorian Court of Appeal
Priest, T Forrest and Walker JJA

Director of Public Prosecutions [DPP] v Pearson, Thomas (a pseudonym)

Judgment Date: 
3 December 2021

CRIMINAL LAW - Interlocutory Appeal - Review of refusal to certify - Sexual offences against children - Four charges involving three complainants - Whether judge erred in ruling complainants' evidence not cross-admissible as tendency evidence across all charges - Whether probative value of tendency evidence substantially outweighed by prejudicial effect - Undue weight given to possibility of emotional response by jury - Failure to consider mitigating effect of jury directions - Evidence cross-admissible - Whether judge erred in severing charges from indictment - No basis for severance - Appeal allowed - Hughes v The Queen (2017) 263 CLR 338; GBF v The Queen [2010] VSCA 135; Snyder (a pseudonym) v The Queen [2021] VSCA 96 considered - Evidence Act 2008 ss 97, 101(2); Criminal Procedure Act 2009 ss 193, 194, 296.