TL v. The Queen
Case No.
S61/2022
Case Information
Lower Court Judgment
19/10/2020 Supreme Court of New South Wales (Court of Criminal Appeal) (Hoeben CJ at CL, Adamson & Bellew JJ)
Catchwords
Evidence – Tendency evidence – Proof of identity – Where appellant convicted of murder of partner's child – Where blunt force trauma to abdomen cause of death – Where, 10 days prior, child had suffered burns after appellant placed child in hot water – Where evidence of burns was admitted as tendency evidence pursuant to s 97 of Evidence Act 1995 (NSW) to prove appellant's tendency to "deliberately inflict physical harm on child" – Where appellant convicted and appealed against conviction on grounds including that tendency evidence should not have been admitted – Where appellant relied on statement in Hughes v The Queen (2017) 263 CLR 388 concerning requirement for "close similarity" between tendency alleged and offence charged – Where Court of Criminal Appeal held requirement for "close similarity" should arise when tendency evidence is only or predominant evidence that goes to identity – Whether, where tendency evidence is adduced to prove identity of offender for known offence, probative value of tendency evidence will depend upon close similarity between conduct evidencing tendency and offence – Proper approach to principle articulated in Hughes.
Documents
13/04/2022 Hearing (SLA, Canberra and remote connection)
27/04/2022 Notice of appeal
01/06/2022 Written submissions (Appellant)
01/06/2022 Chronology (Appellant)
29/06/2022 Written submissions (Respondent)
29/06/2022 Chronology (Respondent)
20/07/2022 Reply
17/08/2022 Hearing (Full Court, Canberra) (Audio-visual recording)
16/08/2022 Outline of oral argument (Respondent)
17/08/2022 Outline of oral argument (Appellant)
19/10/2022 Judgment (Judgment summary)