In McPhillamy v The Queen, the High Court held that tendency evidence which related to acts committed ten years prior to the charged acts did not possess significant probative value and was therefore inadmissible. In essence, the evidence was flawed because of amount of time that had elapsed between the charged acts and the acts … Continue reading McPhillamy v The Queen
Tag: tendency reasoning
Hughes v R: Assessing significant probative value for tendency evidence
(The post was originally published on Amicus on 14 June 2017) In a 4:3 decision, the High Court handed down judgement today in Hughes v R. In doing so it resolved a divergence between the VSCA and the NSWCCA regarding how to determine whether tendency evidence has significant probative value. This post will outline the … Continue reading Hughes v R: Assessing significant probative value for tendency evidence