Bayu v The Queen

In *Bayu v The Queen*, the High Court of Australia considered an appeal from a conviction for murder. The appellant, Bayu, had been found guilty of murder by a jury in the Supreme Court of Victoria and subsequently appealed to the Court of Appeal of Victoria, which dismissed his appeal. The central dispute concerned the admissibility of certain evidence and the directions given to the jury regarding that evidence.

The High Court was required to determine whether the trial judge erred in admitting evidence of the appellant's prior convictions and, if so, whether the jury directions concerning this evidence were adequate to mitigate any prejudice. Specifically, the court had to consider the application of s 97 of the *Uniform Evidence Law* (Victoria), which governs the admissibility of evidence of a person's character or a relevant trait of their character. The appeal also raised questions about the proper application of the *Viro v The Queen* principles concerning the use of prior convictions in criminal trials.

The High Court held that the admission of the appellant's prior convictions was an error. Their Honours reasoned that the evidence of prior convictions was not relevant to any issue in the trial, nor was it admissible under any exception to the general prohibition against character evidence. The judge's directions to the jury were found to be insufficient to overcome the inherent prejudice arising from the admission of this evidence, particularly given the nature of the prior offences. The court concluded that the admission of this evidence, and the inadequate directions, had resulted in a miscarriage of justice.

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