HML v The Queen
SB v The Queen
OAE v The Queen

[2008] HCA 16
Judgment date
Case number
A23/2007
A19/2007
A28/2007
Before
Gleeson CJ, Gummow, Kirby, Hayne, Heydon, Crennan, Kiefel JJ
Catchwords

Criminal law – Evidence - Similar facts - Sexual crimes - "Uncharged acts" - Relevance - Admissibility - Applicability of test in Pfennig v The Queen (1995) 182 CLR 461.

Criminal law – Evidence - Similar facts - Standard of proof - Whether "uncharged acts" must be proved beyond reasonable doubt - Directions to jury.

Practice and procedure – Application to amend notice of appeal - Whether leave should be granted to amend notice of appeal to raise issue of admissibility of evidence, to which no objection was taken at trial.

Words and phrases – "context", "guilty passion", "propensity evidence", "relationship evidence", "relevance", "similar fact evidence", "uncharged acts".

Evidence Act 1929 (SA) – ss 34CA, 34I.

Files
16.rtf (257.73 KB)
16.pdf (620.1 KB)