Doherty v The Queen

Doherty sought leave to appeal against a conviction for murder, arguing that the trial judge erred in admitting evidence of an earlier siege. The respondent, The Queen, opposed the application, maintaining that the trial judge correctly admitted the evidence. The application came before the Court of Appeal.

The court was required to determine whether the trial judge erred in admitting evidence of the siege, where Doherty had taken hostages to avoid arrest. The legal issue was whether Doherty's belief of guilt was the only reasonable explanation for the conduct, or if an alternative explanation was reasonably open. Additionally, the court needed to decide if the probative value of the evidence outweighed any prejudicial effect, particularly in light of the trial counsel's forensic decisions.

The court held that Doherty's belief of guilt was the only reasonable explanation for his conduct, and that any alternative explanation depended upon prejudicial evidence not admitted. The court noted that the prejudicial effect was diminished by directions given to the jury. The court found that the trial judge correctly admitted the evidence under the Evidence Act 2008, as its probative value outweighed any prejudicial effect. The application for leave to appeal was dismissed.

The court did not make any further orders.