BBH v. The Queen

Lower Court Judgment

19/10/2007 Supreme Court of Queensland (Court of Appeal)

[2007] QCA 348

Catchwords

Criminal law — Appeal and new trial — Evidence — Applicant found guilty by jury of maintaining indecent relationship with child under 16, indecent treatment of child under 16 and sodomy of a person under 18 — Complainant was applicant's daughter — Whether evidence of complainant's brother, who provided innocent explanation for an event held to be evidence of discreditable conduct, properly put before jury in circumstances where complainant gave no evidence about the event — Whether test for admissibility in Pfennig v The Queen (1995) 182 CLR 461 applies to evidence of discreditable conduct — If so, whether admissibility test applicable.

Short Particulars