DPP v Roder

HIGH COURT OF AUSTRALIAGAGELER CJ,GORDON, EDELMAN, STEWARD, GLEESON, JAGOT AND BEECH‑JONES JJTHE DIRECTOR OF PUBLIC PROSECUTIONS  APPLICANTANDBENJAMIN RODER (A PSEUDONYM)  RESPONDENTDirector of Public Prosecutions v Benjamin Roder (a pseudonym)[2024] HCA 15Date of Hearing: 13 March 2024Date of Judgment: 17 April 2024M85/2023ORDER1.Special leave to appeal is granted.2.Appeal allowed.3.Set aside the order of the Court of Appeal of the Supreme Court of Victoria made on 31 October 2023 and, in its place, order that:(a)leave to appeal be granted and the appeal be allowed;(b)the interlocutory decision of the County Court of Victoria made on 12 September 2023 be set aside; and(c)the matter be remitted to the County Court of Victoria.On appeal from the Supreme Court of VictoriaRepresentationR J Orr KC, Solicitor-General for the State of Victoria, with S C Clancy and M-Q T Nguyen for the applicant (instructed by Office of Public Prosecutions (Vic))T Kassimatis KC with C K Wareham for the respondent (instructed by Dribbin & Brown Criminal Lawyers)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSDirector of Public Prosecutions v Benjamin Roder (a pseudonym)Criminal practice – Trial – Directions to jury – Tendency – Where respondent due to stand trial on charges of sexual offences committed against two children of former partner – Where prosecution served tendency notice stating intention to rely on evidence of uncharged and charged acts to support alleged tendency on part of respondent – Where respondent applied to trial judge for ruling about form...