Hughes v The Queen [2017] HCA 20

Hughes v The Queen [2017] HCA 20

Evidence of a sexual interest in female children and a tendency to act on such interest may have significant probative value in the trial of sexual offences against children; however, significant probative value depends on the particular connection between the tendency and the facts in issue per count. Admission of tendency evidence without sufficient logical connection or similarity may occasion miscarriage of justice; the correct approach is to assess admissibility for each count with reference to specific tendencies and not broad generalities.

Parties
Appellant: Robert Lindsay Hughes; Respondent: The Queen; Intervener: Director of Public Prosecutions (Vic)
Jurisdiction
Australia
Judgment Date
14 June 2017
Procedural Posture
Appeal / Final Judgment (high Court, Post Argument)
Outcome
Appeal dismissed.
Legal Topics
Admissibility of Tendency Evidence, Significant Probative Value, Evidence Act 1995 (nsw) S 97, Tendency Reasoning in Sex Offences, Statutory Interpretation of Evidence Rules
Criminal Law Evidence Law Admissibility of Tendency Evidence Significant Probative Value Evidence Act 1995 (nsw) S 97 Tendency Reasoning in Sex Offences Statutory Interpretation of Evidence Rules

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Parties

Robert Lindsay Hughes

Appellant

The Queen

Respondent

Director of Public Prosecutions (Vic)

Intervener

Procedural Posture

Appeal / Final Judgment (high Court, Post Argument)

Legal Issues

  1. 1 Whether tendency evidence adduced at trial possessed significant probative value under s 97(1)(b) Evidence Act 1995 (NSW)
  2. 2 Whether tendency evidence requires features of similarity with facts in issue to satisfy significant probative value
  3. 3 Appropriate approach to application of s 97(1)(b) (orthodox vs. less restrictive)

Ratio Decidendi

Evidence of a sexual interest in female children and a tendency to act on such interest may have significant probative value in the trial of sexual offences against children; however, significant probative value depends on the particular connection between the tendency and the facts in issue per count. Admission of tendency evidence without sufficient logical connection or similarity may occasion miscarriage of justice; the correct approach is to assess admissibility for each count with reference to specific tendencies and not broad generalities.

Court Disposition

Appeal dismissed.

Orders

  • Appeal dismissed.