Bradshaw v The Queen

In *Bradshaw v The Queen*, the High Court of Australia considered an appeal by the applicant, Bradshaw, against his conviction for murder. The dispute centred on the admissibility of certain evidence during his trial.

The primary legal issue before the High Court was whether the trial judge had erred in admitting evidence of the applicant's prior convictions and prior convictions of a co-accused. This evidence was admitted on the basis that it was relevant to the issue of whether the applicant had acted in concert with the co-accused, and that it demonstrated a common intention or shared purpose to commit the crime.

McHugh and Kirby JJ, in their joint judgment, analysed the principles governing the admissibility of evidence of prior convictions. They affirmed that such evidence is generally inadmissible to prove that a person committed the offence charged, as it may lead to the jury making an impermissible inference of guilt based on past conduct. However, they also recognised that evidence of prior convictions can be admissible if it is relevant to a *specific* issue in the case, such as establishing a common intention or a shared modus operandi, provided its probative value outweighs its prejudicial effect. In this instance, their Honours found that the evidence of prior convictions was not sufficiently relevant to establish a common intention or shared purpose in a way that justified its admission, and that its prejudicial effect was substantial.

The appeal was allowed, the conviction was quashed, and a new trial was ordered.