McPhillamy v The QueenCitation:[2018] HCA 52Before:Kiefel CJ, Bell, Keane, Nettle, Edelman JJDate:08 Nov 2018Case Number:S121/2018Read more

McPhillamy v The QueenCitation:[2018] HCA 52Before:Kiefel CJ, Bell, Keane, Nettle, Edelman JJDate:08 Nov 2018Case Number:S121/2018Read more

The court held that the tendency evidence, although relating to acts committed ten years prior, was admissible as it possessed significant probative value in establishing the appellant's sexual interest in young teenage boys under his supervision and his tendency to act on that interest.

Parties
Appellant: Appellant; Complainant: Complainant
Jurisdiction
Australia
Judgment Date
08 November 2018
Procedural Posture
Criminal Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Tendency Evidence, Admissibility of Evidence, Sexual Offences
Criminal Law Evidence Tendency Evidence Admissibility of Evidence Sexual Offences

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant

Appellant

Complainant

Complainant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether tendency evidence was admissible in a criminal trial for sexual offences
  2. 2 Whether the tendency evidence possessed significant probative value

Ratio Decidendi

The court held that the tendency evidence, although relating to acts committed ten years prior, was admissible as it possessed significant probative value in establishing the appellant's sexual interest in young teenage boys under his supervision and his tendency to act on that interest.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.