CEV v The Queen

The case of *CEV v The Queen* concerned an appeal to the High Court of Australia by the applicant, CEV, against his conviction for a sexual offence. The applicant had been convicted in the District Court of New South Wales and his conviction was subsequently affirmed by the Court of Criminal Appeal of New South Wales. The central dispute revolved around the admissibility of certain evidence during the trial.

The High Court was required to determine whether the trial judge had erred in admitting evidence of the applicant's prior sexual misconduct. Specifically, the court had to consider whether this evidence was improperly admitted under the general rule against character evidence, and if so, whether its admission was justified under any exceptions to that rule, such as demonstrating a common purpose or a system of conduct. The court also considered the potential for such evidence to prejudice the applicant's right to a fair trial.

In their joint judgment, Kirby and Callinan JJ affirmed the principles governing the admissibility of evidence of prior misconduct. They reiterated that such evidence is generally inadmissible because it tends to show that the accused is a person of bad character and therefore likely to have committed the offence charged, rather than proving guilt by direct evidence. However, they noted that exceptions exist where the evidence has a real probative value in relation to a specific issue in the case, such as establishing a system or pattern of behaviour. The court found that the evidence in question did not possess the necessary probative force to overcome its prejudicial effect, and therefore its admission constituted a miscarriage of justice.

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