Director of Public Prosecutions v Wilson (a pseudonym) (No 2)

The Director of Public Prosecutions appealed to the Court of Criminal Appeal of New South Wales against a decision of a judge in the District Court. The appeal concerned the admissibility of tendency evidence in a criminal trial involving allegations of acts of indecency committed by the respondent, a young person, against persons under 16 years of age.

The primary legal issue before the Court of Criminal Appeal was whether the evidence of prior alleged acts of indecency by the respondent was admissible as tendency evidence, notwithstanding the respondent's age and the nature of the alleged offences. This required the Court to consider the application of the rules of evidence, particularly concerning the admissibility of propensity or tendency evidence, in the context of child sexual abuse allegations involving a young offender.

The Court of Criminal Appeal dismissed the appeal. The reasoning focused on the principles governing the admissibility of tendency evidence, which generally requires a sufficient degree of relevance and probative value to outweigh any prejudicial effect. The Court found that the evidence of prior acts, while potentially relevant, did not meet the necessary threshold for admissibility in this specific instance, considering the circumstances and the potential for unfair prejudice. The Court affirmed that the admission of such evidence is a matter for the trial judge's discretion, guided by established legal principles.