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R v King [2013] ACTCA 23 (20 May 2013)

http://www.austlii.edu.au/au/cases/act/ACTCA/2013/23.html

EVIDENCE – similar facts – sexual offences –tendency and coincidence evidence – whether relevant to the issue of abuse of position of authority or trust

CRIMINAL LAW – engaging in sexual intercourse without consent – committing acts of indecency without consent – consent alleged to have been negated by abuse of position of authority or trust – abuse in the context of s 92P(1)(h) (now 67(1)(h)) of the Crimes Act 1900

APPEAL – appeal from order for separate trials following ruling against the admission of tendency and coincidence evidence

WORDS AND PHRASES – “abuse of position of authority … or … trust”


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