WHS v The KingCitation:[2025] HCA 51Before:Gordon ACJ, Steward, Gleeson, Jagot, Beech-Jones JJDate:10 Dec 2025Case Number:S92/2025Read more

WHS v The KingCitation:[2025] HCA 51Before:Gordon ACJ, Steward, Gleeson, Jagot, Beech-Jones JJDate:10 Dec 2025Case Number:S92/2025Read more

The evidence of the complainant's prior sexualised behaviour was inadmissible under s 293(3) of the Criminal Procedure Act 1986 (NSW) because the prosecution's case did not disclose or imply that the complainant had or may have had sexual experience or lack thereof, nor did it rely on such matters. The refusal to...

Source-derived case information.

Parties
Appellant: WHS; Respondent: The King
Jurisdiction
Australia
Judgment Date
10 December 2025
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Admissibility of Evidence, Sexual Offences, Prior Sexual History, Child Complainant
Criminal Law Evidence Admissibility of Evidence Sexual Offences Prior Sexual History Child Complainant

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Parties

WHS

Appellant

The King

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether evidence of complainant's prior sexualised behaviour is admissible under exception to s 293(3) of the Criminal Procedure Act 1986 (NSW)
  2. 2 Whether the prosecution's case disclosed or implied that the complainant had or may have had sexual experience or lack thereof
  3. 3 Whether refusal to admit such evidence resulted in unfairness or miscarriage of justice

Ratio Decidendi

The evidence of the complainant's prior sexualised behaviour was inadmissible under s 293(3) of the Criminal Procedure Act 1986 (NSW) because the prosecution's case did not disclose or imply that the complainant had or may have had sexual experience or lack thereof, nor did it rely on such matters. The refusal to admit the evidence did not result in unfairness or miscarriage of justice.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.