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MDP v The King

MDP v The King

Case [2023] HCASL 215 7 December 2023

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MDP
v
THE KING
[2023] HCASL 215
B40/2023

The application for special leave to appeal is granted.
Gageler CJ
Gordon J
Edelman J
Steward J
Gleeson J
Jagot J
Beech-Jones J
7 December 2023

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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AGLC: MDP v The King [2023] HCASL 215
Case: [2023] HCASL 215
Decision Date

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Citations

MDP v The King [2023] HCASL 215

Most Recent Citation

High Court Bulletin [2023] HCAB 10

Cases Citing This Decision

10

MDP v The King [2025] HCA 24
Citation 1 (Para 22)

…as left to the jury to be used as propensity evidence. In its written submissions, the respondent sought to rely on the proviso. [101] MDP v The King [2023] HCASL 215 .…
High Court Bulletin [2024] HCAB 9
Citation 2

…65 Return to Top Evidence MDP v The King B72/2023 : [2023] HCASL 215 Date determined: 7 December 2023 – Special leave granted Catchwords: Evidence – Propensity evidence – Miscarriage of justice – Where appellant convicted of various child sexual assault and domestic violence offences against former partner’s daught…
High Court Bulletin [2024] HCAB 8
Citation 3

…B72/2023 : [2023] HCASL 215…
High Court Bulletin [2024] HCAB 6
Citation 4

…B72/2023 : [2023] HCASL 215…
High Court Bulletin [2024] HCAB 5
Citation 5

…B72/2023 : [2023] HCASL 215…
High Court Bulletin [2024] HCAB 4
Citation 6

…B72/2023 : [2023] HCASL 215…
High Court Bulletin [2024] HCAB 3
Citation 7

…B72/2023 : [2023] HCASL 215…
High Court Bulletin [2024] HCAB 2
Citation 8

…B72/2023 : [2023] HCASL 215…
High Court Bulletin [2024] HCAB 1
Citation 9

…B72/2023 : [2023] HCASL 215…
High Court Bulletin [2023] HCAB 10
Citation 10

…B40/2023: [2023] HCASL 215…

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