Stubley v Western Australia

Criminal law – Evidence - Admissibility and relevance - Propensity evidence - Evidence of uncharged acts - Appellant former psychiatrist charged with offences relating to sexual misconduct with two former patients - Evidence of sexual misconduct with three former patients adduced at trial - Whether trial judge erred in ruling evidence of uncharged acts had significant probative value.

Criminal law – Evidence - Admissions - Appellant conceded having consensual sexual activity with both complainants - Whether concession constituted admission for the purposes of s 32 of Evidence Act 1906 (WA) - Whether concession rendered consent the only live issue at trial.

Words and phrases – "significant probative value".

Evidence Act 1906 (WA) – ss 31A, 32.