AB v The Queen

The High Court of Australia considered the appeal of AB against the conviction for a sexual offence. The central dispute concerned the admissibility of certain evidence and the fairness of the trial process.

The High Court was required to determine whether the trial judge erred in admitting evidence of the appellant's prior sexual history, and whether the admission of this evidence, along with other aspects of the trial, rendered the proceedings unfair and thus unsafe. A further issue was whether the Court of Criminal Appeal had correctly applied the principles governing the admission of such evidence.

The Court analysed the provisions of the relevant evidence legislation concerning the admissibility of evidence of a person's sexual reputation or past sexual behaviour. It held that the trial judge had erred in admitting the evidence of prior sexual history, as it did not fall within any of the statutory exceptions and was highly prejudicial. The Court found that the admission of this evidence, coupled with other irregularities, had deprived the appellant of a fair trial.

Consequently, the High Court allowed the appeal, quashed the conviction, and ordered a new trial.