McPhillamy v R [2017] NSWCCA 130

McPhillamy v R [2017] NSWCCA 130

The majority held that the tendency evidence, although relating to conduct 10 years earlier and in a different setting, was properly admitted because it demonstrated a sexual interest in young teenage boys under the appellant’s supervision, which was relevant to, and strongly supported, the likelihood of the charged...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
14 June 2017
Procedural Posture
Criminal Appeal / Court of Criminal Appeal Decision on Appeal Against Conviction
Outcome
Appeal dismissed (by majority); leave to appeal granted; time to appeal extended.
Legal Topics
['appeal Against Conviction' 'tendency Evidence' 'admissibility of Evidence' 'miscarriage of Justice' 'significant Probative Value' 'prejudicial Effect' 'failure to Give Reasons']
['criminal Law' 'evidence'] ['appeal Against Conviction' 'tendency Evidence' 'admissibility of Evidence' 'miscarriage of Justice' 'significant Probative Value' 'prejudicial Effect' 'failure to Give Reasons']

Source-derived case record

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Procedural Posture

Criminal Appeal / Court of Criminal Appeal Decision on Appeal Against Conviction

Legal Issues

  1. 1 ['Whether the trial judge erred in admitting tendency evidence under Evidence Act 1995 (NSW), ss 97(1), 101(2)' 'Whether failure to give reasons for the evidentiary ruling caused a miscarriage of justice' 'Whether the probative value of the tendency evidence substantially outweighed its prejudicial effect' 'Whether admission of tendency evidence where events were 10 years apart supported conviction']

Ratio Decidendi

The majority held that the tendency evidence, although relating to conduct 10 years earlier and in a different setting, was properly admitted because it demonstrated a sexual interest in young teenage boys under the appellant’s supervision, which was relevant to, and strongly supported, the likelihood of the charged conduct. The lapse of time did not necessarily negate the tendency, which could be regarded as enduring. There was no substantial miscarriage of justice; failure to give reasons did not result in procedural unfairness, and the appellate court could assess the admissibility itself.

Court Disposition

Appeal dismissed (by majority); leave to appeal granted; time to appeal extended.

Orders

  • ['Extend time as may be required.' 'Grant leave to appeal against conviction.' 'Dismiss the appeal.']