Garforth v The Queen

In *Garforth v The Queen*, the High Court of Australia considered an appeal by the applicant, Garforth, 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 question involved determining whether the prejudicial effect of this evidence outweighed its probative value, and whether it was relevant to establishing the applicant's guilt of the offence charged.

The Court held that the admission of the evidence of prior convictions and bad character was an error. Brennan, Dawson and Toohey JJ reasoned that such evidence was not sufficiently relevant to the charge of murder to justify its admission. They applied the principle that evidence of prior convictions or bad character is generally inadmissible because it is highly prejudicial to an accused, and its probative value in proving the offence charged is often weak. The Court found that the jury might have been improperly influenced by this evidence, leading to a miscarriage of justice.

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