MA v The Queen

The appeal in MA v The Queen concerns convictions arising from the sexual abuse of the appellant’s daughter. The primary legal issues revolve around the admissibility of expert evidence regarding the general behaviour of child victims of sexual abuse, the relevance of incidental evidence concerning common parental reactions, and the probative value of evidence concerning counter-intuitive behaviour. The appeal also examines whether the expert witness had the necessary 'specialised knowledge' under sections 79 or 108C of the Evidence Act 2008, and whether the basis of the expert's opinion was properly established. Additionally, the court considered whether the probative value of the evidence was substantially outweighed by the danger of unfair prejudice to the accused.

The court found that the trial judge had correctly admitted the expert evidence. The judge had considered the relevant sections of the Evidence Act, including sections 135 and 137, which deal with the discretion to exclude evidence and the exclusion of prejudicial evidence in criminal proceedings. The court held that the probative value of the expert evidence was not outweighed by the danger of unfair prejudice to the appellant. The opinion evidence was based on a credible evidentiary basis and was not inherently unreliable. The court found that the trial judge's approach to assessing the probative value and potential prejudice was correct, and that the jury was capable of rationally evaluating the weight to be given to the evidence. The court dismissed the appeal, confirming the convictions.

The final orders of the court were to dismiss the appeal against the convictions, affirming the decision of the trial court.