Bull v The Queen

The parties in this matter were the appellant, Bull, and the respondent, The Queen. The dispute concerned the admissibility of certain evidence during the trial of the appellant and others for sexual offences. The High Court of Australia was required to determine whether the trial judge had erred in rejecting evidence sought to be adduced by the defence, and consequently, whether the Court of Criminal Appeal of Western Australia had erred in dismissing the appellant's appeal.

The central legal issue before the High Court was whether evidence of a telephone conversation between the appellant Bull and the complainant, which the defence argued tended to prove the complainant's consent and sexual fantasies, was admissible at common law and not excluded by sections 36BA and 36BC of the *Evidence Act 1906* (WA). Specifically, the court had to consider if this evidence related to the complainant's sexual disposition or experiences in a manner prohibited by the Act, or if it fell within exceptions or was otherwise admissible at common law.

The High Court reasoned that the telephone conversation, as presented by the defence, was not evidence relating to the complainant's sexual reputation, disposition, or experiences in the sense prohibited by the *Evidence Act 1906* (WA). Instead, it was considered relevant to the circumstances surrounding the alleged offences and the complainant's state of mind. The court found that the common law, prior to the relevant statutory provisions, would have permitted such evidence, particularly as part of the surrounding circumstances of the offence. The court concluded that the trial judge had erred in rejecting the evidence pursuant to section 36BA, and that the Court of Criminal Appeal had erred in upholding that decision.

The High Court allowed the appeal, set aside the order of the Court of Criminal Appeal of Western Australia, and ordered that the appeal to that Court be allowed, the convictions be quashed, and that there be a new trial on each of the counts on which the appellant was convicted.