DG v The Queen

The applicant, DG, appealed to the High Court of Australia against a decision of the Supreme Court of Queensland (Court of Appeal) which had dismissed DG's appeal against a conviction for a sexual offence. The central dispute concerned the admissibility of certain evidence during DG's trial.

The High Court was required to determine whether the trial judge had erred in admitting evidence of prior sexual conduct by the applicant, which was admitted pursuant to s 137 of the *Uniform Civil Procedure Rules 1999* (Qld) (UCPR). Specifically, the court considered whether the prejudicial effect of this evidence outweighed its probative value, and whether the trial judge had adequately considered this balance when making the decision to admit the evidence.

The High Court held that the trial judge had properly exercised their discretion under s 137 of the UCPR. The Court reasoned that the evidence of prior sexual conduct was relevant to establishing a pattern of behaviour and was not merely introduced to show that the applicant was a person of bad character. The judge had carefully weighed the potential prejudice against the probative value, and the admission of the evidence did not occasion a substantial miscarriage of justice.

The appeal was therefore dismissed.