BA v The Queen

The applicant, BA, was convicted of a number of offences, including sexual offences, and sentenced to a term of imprisonment. The applicant appealed against his conviction and sentence to the Court of Criminal Appeal of New South Wales. The Court of Criminal Appeal dismissed the appeal. The applicant then sought and was granted leave to appeal to the High Court of Australia.

The High Court was required to determine whether the trial judge had erred in admitting certain evidence, specifically evidence of the applicant's prior sexual misconduct. The applicant argued that this evidence was unfairly prejudicial and should not have been admitted. The High Court also considered whether the sentence imposed was manifestly excessive.

Gleeson J, delivering the judgment of the High Court, held that the evidence of prior sexual misconduct was admissible. His Honour reasoned that the evidence was relevant to establishing a common pattern of behaviour and was not merely character evidence. The High Court found that the trial judge had properly directed the jury on the use of this evidence, and that its admission did not give rise to a miscarriage of justice. Regarding the sentence, the High Court found no error in the Court of Criminal Appeal's assessment that the sentence was not manifestly excessive.

The High Court dismissed the appeal.