Hughes v The QueenCitation:[2017] HCA 20Before:Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon, Edelman JJDate:14 Jun 2017Case Number:S226/2016Read more

Hughes v The QueenCitation:[2017] HCA 20Before:Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon, Edelman JJDate:14 Jun 2017Case Number:S226/2016Read more

Tendency evidence does not require features of similarity with the facts in issue to have significant probative value; the evidence in this case was admissible as it demonstrated the appellant's sexual interest in underage girls and his use of relationships to access them.

Parties
Appellant: Appellant; Respondent: Prosecution
Jurisdiction
Australia
Judgment Date
14 June 2017
Procedural Posture
Criminal Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Tendency Evidence, Admissibility, Probative Value
Criminal Law Evidence Tendency Evidence Admissibility Probative Value

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant

Appellant

Prosecution

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether tendency evidence must display features of similarity with facts in issue to have significant probative value
  2. 2 Whether the admitted tendency evidence had significant probative value under s 97(1)(b) Evidence Act 1995 (NSW)

Ratio Decidendi

Tendency evidence does not require features of similarity with the facts in issue to have significant probative value; the evidence in this case was admissible as it demonstrated the appellant's sexual interest in underage girls and his use of relationships to access them.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.