Ellis v The Queen [2011] HCATrans 64

This matter concerned an application for special leave to appeal to the High Court of Australia by the applicant, Ellis, against the decision of the Queensland Court of Appeal. The applicant had been convicted of a number of offences, including armed robbery and unlawful use of a motor vehicle, and sentenced to a term of imprisonment. The core of the dispute revolved around the admissibility of certain evidence during the applicant's trial.

The primary legal issue before the High Court was whether the Queensland Court of Appeal had erred in upholding the trial judge's decision to admit evidence that the applicant argued was unfairly prejudicial and should have been excluded under the common law. Specifically, the applicant contended that the evidence in question, relating to his prior criminal history, was improperly admitted and had a significant negative impact on his ability to receive a fair trial.

In their reasons, Heydon and Bell JJ considered the principles governing the admissibility of evidence of prior criminal conduct. They noted that such evidence is generally inadmissible if its sole purpose is to show that the accused has a propensity to commit the crime charged. However, they also acknowledged that evidence of prior convictions may be admitted if it has a relevant probative value for a purpose other than to establish disposition, such as to prove identity, intent, or a common purpose. The Court ultimately granted special leave to appeal, indicating that there were arguable grounds for review concerning the application of these principles by the lower courts.