Ajs v The Queen

The High Court of Australia considered an appeal by Ajs against a conviction for a sexual offence. The appellant had been found guilty following a trial in the Supreme Court of Victoria. 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 had erred in admitting evidence of the appellant's prior sexual history. Specifically, the court had to consider whether this evidence was relevant to the issues in the trial and whether its prejudicial effect outweighed its probative value. A further issue was whether the summing up by the trial judge had adequately directed the jury on the use of this evidence.

The Court held that the admission of the prior sexual history evidence was an error. It reasoned that the evidence was not relevant to any issue in the trial and that its prejudicial effect was substantial, likely to have led the jury to infer guilt based on past conduct rather than the evidence presented for the offence charged. The Court found that the summing up did not sufficiently mitigate this prejudice. Consequently, the High Court allowed the appeal, quashed the conviction, and ordered a new trial.