JLS v The Queen

The case of JLS versus The Queen involved an interlocutory appeal regarding the admissibility of uncharged acts in a criminal case. The applicant, JLS, was accused of maintaining a sexual relationship with a child under 16 years of age. The court was required to decide whether evidence of uncharged acts was admissible under the Evidence Act 2009, sections 97 and 101. The primary concern was that the complainant was the sole source of evidence of these uncharged acts.

The court analysed whether the probative value of the evidence substantially outweighed any prejudice to the applicant. The case hinged on whether the evidence of sexual interest by the accused in the complainant was relevant and whether it could be considered as a guide in determining admissibility. The court noted that, in determining relevance under common law, it was essential to consider the context and circumstances of each case. The applicant argued that the prejudicial effect of admitting the uncharged acts would outweigh their probative value. However, the court found that the evidence was necessary to understand the context of the charged offence and was therefore admissible.

Ultimately, the court granted the applicant leave to appeal but dismissed the appeal. The court determined that the probative value of the evidence of uncharged acts did substantially outweigh any prejudice to the applicant. Therefore, the evidence was deemed admissible. The court also acknowledged the relevance of common law principles in guiding the admissibility of such evidence. This decision highlights the importance of considering both statutory and common law principles when determining the admissibility of uncharged acts in criminal proceedings.