MDP v The KingCitation:[2025] HCA 24Before:Gageler CJ, Gordon, Edelman, Steward, Gleeson, Jagot, Beech-Jones JJDate:18 Jun 2025Case Number:B72/2023Read more
The Court held that the admission of the evidence and the direction to the jury were wrong decisions on questions of law, but those errors were not material and did not occasion a substantial miscarriage of justice.
- Parties
- Appellant: MDP; Respondent: The King
- Jurisdiction
- Australia
- Judgment Date
- 18 June 2025
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Appeal, Wrong Decision on Question of Law, Sexual Offences, Propensity Evidence, Jury Directions, Substantial Miscarriage of Justice
Case Brief
Summary, issues, holding and outcome
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Parties
MDP
Appellant
The King
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the admission of evidence of smacking complainant's backside as evidence of sexual interest was a wrong decision on a question of law
- 2 Whether the direction to the jury permitting use of that evidence as propensity evidence was a wrong decision on a question of law
- 3 Whether a wrong decision on a question of law has a materiality threshold
Ratio Decidendi
The Court held that the admission of the evidence and the direction to the jury were wrong decisions on questions of law, but those errors were not material and did not occasion a substantial miscarriage of justice.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
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