Aung Thu v The Queen

In the case of Aung Thu v The Queen, the appellant appealed against his conviction and sentence for multiple sexual offences involving four complainants. The primary issue before the court was whether the conduct exhibited towards the victim, including text messaging, was probative of a tendency to have a relevant sexual interest in the complainant and a willingness to act on that interest in respect of the complainant. The court had to determine if the conduct had significant probative value under the provisions of the Evidence Act 2008. Additionally, the appellant contested the sentence imposed, arguing it was manifestly excessive.

The court examined the evidence presented, including text messages exchanged between the appellant and the victim, and assessed their probative value in establishing a tendency to engage in the charged conduct. It was found that the text messages, along with other conduct, had significant probative value in demonstrating the appellant's tendency towards the charged offences. The court also considered the nature and gravity of the offences and the need to protect the community, concluding that the appeal against conviction was not reasonably arguable. The appeal against sentence was also dismissed as the court found that the sentence was not manifestly excessive, taking into account the seriousness of the offences and the need for deterrence and protection of the community.

The court's reasoning was that the text messages and other conduct provided substantial evidence of the appellant's tendency to engage in the charged conduct, and therefore had significant probative value. The sentence imposed was deemed appropriate given the circumstances and the need to balance the interests of justice with the need for community protection. The appeal against conviction was dismissed, and the application for leave to appeal against the sentence was refused. The final orders affirmed the conviction and sentence imposed by the lower court.