Jacobs (a pseudonym) v The King

The appellant, identified as Jacobs, appealed against a decision to admit evidence of sexual offences against children, involving three complainants, under the provisions of the Evidence Act 2008. The lower court ruled that the probative value of this evidence substantially outweighed its prejudicial effect. The High Court was tasked with reviewing the correctness of this decision.

The primary legal issue before the court was whether the probative value of the tendered evidence substantially outweighed its prejudicial effect, as required by section 97(1) of the Evidence Act 2008. The court also considered the relevance of the evidence in light of the charges being linked by familial connection and trust, and the risk of prejudice to the accused. It examined the authorities on cross-admissibility of evidence in sexual offence cases and the appropriate standard of appellate review.

The court held that the evidence of past sexual offences had significant probative value, particularly given the familial connection and the trust factor inherent in the relationship between the accused and the victims. The risk of prejudice, while acknowledged, could be mitigated through appropriate jury directions. The court applied the correctness standard of appellate review and found that the lower court had correctly admitted the evidence. The appeal was dismissed, and leave to appeal was refused.

No further orders were made.