IMM v. The Queen
Case No.
D12/2015
Case Information
Lower Court Judgment
19/12/2014 Supreme Court of the Northern Territory (Court of Criminal Appeal) (Riley CJ, Kelly J, Hiley J)
Catchwords
Criminal law – Evidence – Tendency evidence – Evidence (National Uniform Legislation) Act (NT) s 97 – Where applicant was found guilty of three of four offences committed against his step grandchild – Where Complainant made a complaint to family members – Where evidence was given of an incident which was not charged and occurred after the time period of the offences charged – Where several people give evidence of the complaints – Whether trial judge is required to assume that the jury will accept the evidence where considering the probative value of the tendency evidence pursuant to s 97(1)(b) of the Uniform Evidence Law – Whether hearsay evidence of a complaint, involving general allegations of sexual misconduct not linked to any particular charge is admissible as evidence of guilt of the offences charged under the Uniform Evidence Law – Whether the correct approach to assessment of “probative value” for the purposes of s 137 of the Uniform Evidence Law.
Documents
16/10/2015 Hearing (SLA, Sydney)
30/10/2015 Notice of appeal
20/11/2015 Written submissions- redacted (Appellant)
20/11/2015 Chronology - redacted (Appellant)
11/12/2015 Written submissions - redacted (Respondent)
15/01/2016 Reply
03/02/2016 Hearing (Full Court, Canberra) (Audio-visual recording)
14/04/2016 Judgment (Judgment summary)