Baldwin v The Queen

In *Baldwin v The Queen*, the High Court of Australia considered an appeal by the applicant, Baldwin, against his conviction for murder. The dispute centred on the admissibility of certain evidence during his trial and the subsequent appeal to the Court of Criminal Appeal of New South Wales.

The High Court was required to determine whether the trial judge had erred in admitting evidence of the applicant's prior convictions and whether the Court of Criminal Appeal had been correct in upholding that decision. Specifically, the court had to consider the application of section 97 of the *Evidence Act 1995* (NSW), which governs the admissibility of evidence of a person's prior misconduct or bad character when it is relevant to a fact in issue.

The High Court reasoned that the evidence of prior convictions was not admissible under section 97 of the *Evidence Act 1995* (NSW) because it was not relevant to proving any fact in issue in the murder trial. The court found that the evidence was introduced solely to demonstrate the applicant's bad character, which is prohibited unless specific exceptions apply. The Court of Criminal Appeal had erred in its assessment of the evidence's relevance.

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