Case S24/2021

Hamilton (a pseudonym) v. The Queen

Case No.


Case Information

Lower Court Judgment

27/04/2020 Supreme Court of New South Wales (Court of Criminal Appeal) (Macfarlan JA; Adamson and Beech-Jones JJ)

[2020] NSWCCA 80


Evidence – Tendency evidence – Jury directions – Where applicant charged with ten counts of aggravated indecent assault against three separate complainants – Where trial judge ruled evidence from complainants admissible but not cross-admissible for tendency purposes – Where anti-tendency direction not given – Where Court of Criminal Appeal held anti-tendency direction not necessary as applicant had not established risk of jury engaging in tendency reasoning – Where Court of Criminal Appeal found defence counsel made deliberate decision not to request anti-tendency direction to obtain forensic advantage – Whether anti-tendency direction generally be given in multi-complainant trial – Whether miscarriage of justice occasioned by failure to direct jury it was prohibited from using evidence led in support of each count as tendency evidence in support of other counts.


11/02/2021 Hearing (SLA, Canberra)

24/02/2021 Notice of appeal

15/04/2021 Written submissions (Appellant)

15/04/2021 Chronology (Appellant)

13/05/2021 Written submissions (Respondent)

27/05/2021 Reply

22/06/2021 Hearing (Full Court, Canberra) (Audio-visual recording)

22/06/2021 Outline of oral argument (Appellant)

22/06/2021 Outline of oral argument (Respondent)

03/11/2021 Judgment (Judgment summary)