HLP v Tasmania

In *HLP v Tasmania*, the Court of Criminal Appeal of Tasmania considered an appeal against a conviction for sexual assault. The appellant, HLP, had been found guilty by a jury in the Supreme Court of Tasmania. The central issue on appeal concerned the admissibility and use of evidence presented by the prosecution, specifically evidence from police officers that related solely to the credibility of the complainant.

The Court was required to determine whether the trial judge had erred in admitting evidence from police officers that went to the complainant's credibility, rather than to the substantive facts of the alleged offence. This involved considering the principles governing the admission of evidence that might prejudice the jury against the accused, particularly when that evidence does not directly prove or disprove the commission of the crime itself.

The Court reasoned that evidence which goes only to the credibility of a witness, and which is not otherwise relevant to the issues in dispute, should generally be excluded if its prejudicial effect outweighs its probative value. In this instance, the Court found that the evidence of the police officers, as presented, did not establish any facts relevant to the alleged sexual assault but instead served to bolster the complainant's reliability in the eyes of the jury. The Court concluded that the admission of this evidence was an error, as it was likely to have unfairly prejudiced the appellant.

Consequently, the Court of Criminal Appeal allowed the appeal, quashed the conviction, and ordered a new trial.