SUBJECT AREA Arts entertainment
CREATED ON 10th January 2018

Case Commentary - PNJ v DPP Essay

Case Commentary -- PNJ v DPP Introduction Victoria and New South Wales (NSW) require a similar way in relation to trend and coincidence evidence ('the Proof'). But until the case of KJM (No 2), then they took various methods in reviewing rulings of this Evidence. This instance comment discusses the different strategies used to be obtained in Victoria and NSW, thinking that the admissibility of the Proof in ss 97, 98 and 101 is of the same choice, not distinct decision. Truth PNJ v DPP is a charm case with regard to sexual assault against teenaged boys from the offender. The crime was alleged to occur at Youth Training Centre in the southern suburbs of Victoria, in which the applicant was employed as a manager. The Crown gave notices pursuant to ss 97 and 98 of this Evidence Act (EA). 2008 (Vic), intending to direct the Evidence against the appellant at trial. The trial judge ruled the apology evidence was admissible but the trend evidence was inadmissible. Counsel of the appellant sought a certificate from the judge to get an interlocutory appeal to this Court of Appeal from the admissibility of this coincidence evidence. The Court of Appeal allowed the appeal, judgment the curse evidence inadmissible. It adopted a different approach than that at NSW in assessing the judgment of the Proof. Victorian Court of Appeal It supported the opinion in Tasmania that an appellate court should consider the Evidence afresh when reviewing a trial judge's ruling. There was no dispute in this issue where both the parties in this case concurred to the approach taken. Therefore, it may be stated that the justification of Underwood CJ in L v Tasmania and also Basten JA (in dissent) in Zhang has been accepted. NSW Court of A.. .

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