MLW v The Queen

The appeal concerned the admissibility of certain evidence in a criminal trial involving sexual offences against a child. The parties were MLW (the appellant) and The Queen (the respondent). The dispute centred on whether the child complainant's statement, which described discreditable sexual conduct by the appellant, was properly admitted as tendency evidence. The matter was heard by the Court of Criminal Appeal of the Northern Territory, comprising Southwood, Blokland and Barr JJ.

The primary legal issue before the court was whether the child's statement constituted admissible tendency evidence under the *Evidence (National Uniform Legislation) Act* (NT). Specifically, the court had to determine if the statement, which detailed discreditable sexual acts by the appellant, possessed significant probative value and if this value substantially outweighed any prejudicial effect, as required by sections 97 and 101 of the Act. The court also considered whether the trial judge's directions to the jury regarding the use of this evidence were adequate.

The Court of Criminal Appeal found that the trial judge had erred in admitting the child's statement as tendency evidence without adequately considering the requirements of the *Evidence (National Uniform Legislation) Act*. The court clarified that a statement describing discreditable sexual acts, even if not a prior uncharged sexual offence, could be tendency evidence if it demonstrated a propensity to act in a particular way. The court emphasised that for such evidence to be admissible, it must have significant probative value and its probative value must substantially outweigh any prejudicial effect. The court also noted that the child's statement was an integral part of the complainant's evidence and not independent corroborative evidence.

The appeal was allowed on the second ground, which related to the admissibility of the tendency evidence. Leave to appeal on the third ground was refused.