Farrell v The Queen

In *Farrell v The Queen*, the High Court of Australia considered an appeal by the applicant, Farrell, against his conviction for murder. The dispute centred on the admissibility of certain evidence during his trial.

The primary legal issue before the High Court was whether the trial judge had erred in admitting evidence of the applicant's prior convictions and prior bad character. This evidence was admitted on the basis that it was relevant to the applicant's propensity to commit the offence charged.

Hayne J, delivering the judgment of the Court, held that the admission of the evidence of prior convictions and bad character was an error. His Honour explained that such evidence is generally inadmissible because its prejudicial effect on the jury is likely to outweigh its probative value. The Court reiterated the principle that an accused person should be tried on the strength of the evidence relating to the charge before the court, not on the basis of their past conduct or character. The admission of this evidence was found to be a material irregularity that had occasioned a substantial miscarriage of justice.

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