McPhillamy v The Queen [2018] HCA 52

McPhillamy v The Queen [2018] HCA 52

The tendency evidence ('B' and 'C') did not meet the threshold requirement of significant probative value under s 97(1) of the Evidence Act 1995 (NSW). The evidence established only that the appellant had sexually offended against 'B' and 'C' ten years prior, in different circumstances, and was not capable of significantly affecting the likelihood of committing the offences against 'A'.

Parties
Appellant: Richard John McPhillamy; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
08 November 2018
Procedural Posture
Criminal Appeal / Appeal to the High Court From the NSW Court of Criminal Appeal
Outcome
Appeal allowed
Legal Topics
Admissibility of Tendency Evidence, Sexual Offences, Probative Value, Prejudicial Effect
Criminal Law Evidence Admissibility of Tendency Evidence Sexual Offences Probative Value Prejudicial Effect

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Parties

Richard John McPhillamy

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Appeal to the High Court From the NSW Court of Criminal Appeal

Legal Issues

  1. 1 Whether tendency evidence of sexual misconduct by the appellant a decade earlier possessed significant probative value for the offences charged against the complainant 'A'
  2. 2 Whether differences in the circumstances between the alleged acts affected the probative value
  3. 3 Whether the tendency evidence satisfied the requirements of ss 97 and 101 of Evidence Act 1995 (NSW)

Ratio Decidendi

The tendency evidence ('B' and 'C') did not meet the threshold requirement of significant probative value under s 97(1) of the Evidence Act 1995 (NSW). The evidence established only that the appellant had sexually offended against 'B' and 'C' ten years prior, in different circumstances, and was not capable of significantly affecting the likelihood of committing the offences against 'A'.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed
  • Orders of the NSW Court of Criminal Appeal set aside