IMM v. The Queen

Lower Court Judgment

19/12/2014 Supreme Court of the Northern Territory (Court of Criminal Appeal) (Riley CJ, Kelly J, Hiley J)

[2014] NTCCA 20

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.

Short particulars