Kovacs v The Queen

In *Kovacs v The Queen*, the High Court of Australia considered an appeal by the applicant, Kovacs, 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 evidence was admitted on the basis that it was relevant to establishing the applicant's propensity to commit the offence charged.

The High Court held that the admission of the evidence of prior convictions and bad character was an error. The Court reasoned that such evidence was highly prejudicial and its probative value, in establishing the applicant's propensity to commit the specific offence of murder, was insufficient to outweigh the prejudice. The Court applied the principle that evidence of prior convictions or bad character is generally inadmissible unless it has a specific relevance beyond mere propensity, such as demonstrating a common modus operandi or rebutting a defence.

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