Brown v Tasmania

In *Brown v Tasmania*, the appellant was charged with rape. The central dispute concerned the admissibility of evidence of the appellant's prior conduct, which occurred after the alleged commission of the offences. The case was heard by Brett J, Geason J, and Marshall AJ.

The primary legal issue before the court was whether the evidence of the appellant's subsequent conduct, which demonstrated a tendency to impose himself sexually upon sleeping females, possessed significant probative value in relation to the charges of rape. The court was required to determine if this evidence was relevant and admissible under the uniform evidence law, particularly considering its potential to establish the appellant's identity through circumstantial proof, and whether any prejudicial effect outweighed its probative value.

The court reasoned that the evidence of the appellant's subsequent conduct was highly relevant to establishing his identity as the perpetrator of the rapes. The pattern of behaviour, involving sexual imposition upon vulnerable, sleeping females, was sufficiently similar and distinctive to have significant probative value. The court found that the trial judge had not erred in admitting this evidence, as its probative value in proving the charges was substantial and the risk of unfair prejudice was minimal.

The court therefore dismissed the appeal, upholding the trial judge's decision to admit the evidence.