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TL v The King

[2022] HCA 35
Case number
S61/2022
Before
Kiefel CJ, Gageler, Gordon, Steward, Gleeson JJ
Catchwords

Evidence – Criminal trial – Admissibility – Tendency evidence – Evidence Act 1995 (NSW), s 97(1)(b) – Where tendency evidence adduced to prove identity of offender – Where narrow class of possible perpetrators – Where other evidence identifying appellant as offender and tending to exclude other possible perpetrators – Whether Court of Criminal Appeal misapplied principles in Hughes v The Queen (2017) 263 CLR 338 – Whether tendency evidence required to bear close similarity to offence – Whether tendency evidence had "significant probative value".
Words and phrases – "close similarity", "identity of the offender", "probative value", "serious physical harm", "significant probative value", "tendency evidence".
Evidence Act 1995 (NSW), s 97(1)(b).
 

Files
35.docx (84.75 KB)
35.pdf (194.44 KB)