Fleming v The Queen

In *Fleming v The Queen*, the High Court of Australia considered an appeal by the applicant, Fleming, against his conviction for murder. The central dispute concerned the admissibility of certain evidence obtained during police investigations and the proper application of the law relating to self-defence.

The High Court was required to determine whether the trial judge had erred in admitting evidence of the applicant's prior violent conduct, which had been admitted as evidence of propensity. Furthermore, the Court had to consider whether the jury directions on self-defence, particularly concerning the issue of proportionality, were adequate and correctly reflected the relevant legal principles.

The Court held that the admission of the prior violent conduct evidence was an error, as it had been admitted for the improper purpose of suggesting that the applicant was a person likely to have committed the offence charged, rather than for a relevant purpose such as establishing identity or motive. Gleeson CJ and Gummow J emphasised that evidence of prior bad character should only be admitted where its probative value in relation to a specific issue in the trial outweighs its prejudicial effect. The Court also found that the directions on self-defence, while not entirely erroneous, were potentially confusing and could have led the jury to misunderstand the onus of proof in relation to the proportionality of the force used.

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