Kostikidis v The Queen

The High Court of Australia considered an appeal by the applicant, Kostikidis, against his conviction for armed robbery. The applicant had been found guilty by a jury in the Supreme Court of Victoria and subsequently appealed to the Court of Appeal of Victoria, which dismissed his appeal. The central dispute concerned the admissibility of certain evidence and the fairness of the trial process.

The High Court was required to determine whether the trial judge erred in admitting evidence of the applicant's prior convictions and whether the summing up to the jury was adequate, particularly in relation to the issue of identification evidence. A further issue was whether the cumulative effect of any errors rendered the trial unfair.

The Court held that the admission of evidence of prior convictions was prejudicial and should not have been admitted, as it did not fall within any of the exceptions to the general rule against admitting such evidence. Furthermore, the summing up failed to adequately direct the jury on the dangers of relying on identification evidence, especially given the circumstances of the identification in this case. The cumulative effect of these errors meant that the applicant had not received a fair trial.

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