Issues paper 15 released on 30 September 2009 examines the conduct of trials in sexual offences cases where an accused is charged with offences against several complainants.

Specifically, it addresses two issues: (1) the rules of severance and joinder, and (2) where counts are joined, whether the evidence of one complainant can be used to convict the accused of an offence against another complainant. This concerns the operation of the rules relating to tendency and coincidence evidence set out in Part 3.6 of the Evidence Act 2001 (Tas), and particularly ss 97, 98 and 101.

The key concern of the issues paper in considering these rules is the relevance of concoction. In particular, the issues paper asks should (or how should) concoction be relevant to the weighing of probative value/prejudicial effect under s 101?

The Issues paper outlines four options for reform:

• Make no change to the law;
• Alter the law so that the possibility of concoction is a matter for the jury to assess in determining the weight to be attached to the evidence of a complainant. This may remove the need for the complainant to give evidence at the preliminary hearing;
• Create a presumption of joint trials in cases of multiple counts of sexual offences;
• Remove special admissibility restrictions for tendency/coincidence evidence with such evidence subject to a general discretion to exclude evidence.

The Institute invites responses to the Issues Paper by 31 December 2009.

Please click here for a copy of the media release.