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Judgment date
Case number
B76/2010
Before
French CJ, Gummow, Hayne, Heydon, Crennan, Kiefel, Bell JJ
Catchwords
Criminal law – Evidence - Relevance - Propensity evidence - Applicant found guilty by jury of maintaining sexual relationship with child under 16, indecent treatment of child under 16 and sodomy of person under 18 - Complainant was applicant's daughter - Complainant's brother gave evidence of uncharged incident between applicant and complainant - Complainant's brother provided innocent explanation for incident - Whether brother's evidence admissible where complainant did not give evidence about incident - Whether evidence relevant to applicant's alleged sexual interest in complainant - Whether test for admissibility in Pfennig v The Queen (1995) 182 CLR 461 applicable - Whether test satisfied.
Words and phrases – "propensity", "rational view", "sexual interest".
Criminal Code (Q) – ss 208, 210 and 229B.