Johnson v The QueenCitation:[2018] HCA 48Before:Kiefel CJ, Bell, Gageler, Nettle, Gordon JJDate:17 Oct 2018Case Number:A9/2018Read more
The court held that the evidence of the appellant's other alleged sexual misconduct was not admissible on the trial of each remaining count and that the joinder of counts occasioned a miscarriage of justice. The improper admission of evidence of one uncharged act also amounted to a miscarriage of justice.
- Parties
- Appellant: Appellant; Respondent: Crown; Complainant: Complainant (sister)
- Jurisdiction
- Australia
- Judgment Date
- 17 October 2018
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- Appeal allowed
- Legal Topics
- Sexual Offences, Propensity Evidence, Joinder of Charges, Admissibility of Evidence
Case Brief
Summary, issues, holding and outcome
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Parties
Appellant
Appellant
Crown
Respondent
Complainant (sister)
Complainant
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether evidence of appellant's other alleged sexual misconduct was admissible on the trial of each remaining count
- 2 Whether joinder of counts occasioned a miscarriage of justice
- 3 Whether evidence of one uncharged act was improperly admitted and whether this amounted to a miscarriage of justice
Ratio Decidendi
The court held that the evidence of the appellant's other alleged sexual misconduct was not admissible on the trial of each remaining count and that the joinder of counts occasioned a miscarriage of justice. The improper admission of evidence of one uncharged act also amounted to a miscarriage of justice.
Court Disposition
Appeal allowed
Orders
- Convictions on remaining counts quashed
- New trial ordered
Full Case Text
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