Nguyen v The Queen

The case of *Nguyen v The Queen* concerned an appeal to the High Court of Australia following a conviction for trafficking a commercial quantity of methylamphetamine. The appellant, Mr Nguyen, was found guilty by a jury in the District Court of New South Wales and subsequently appealed to the Court of Criminal Appeal of New South Wales, which dismissed his appeal. The High Court then granted special leave to appeal.

The central legal issue before the High Court was whether the trial judge had erred in admitting evidence of the appellant's prior convictions. Specifically, the court had to consider the application of section 97 of the *Evidence Act 1995* (NSW), which governs the admissibility of evidence of a person's previous representations or conduct, and the common law exclusionary rule concerning the admission of evidence of prior convictions. The court was required to determine if the evidence of prior convictions was relevant to an issue to be decided in the proceedings, and if so, whether its probative value outweighed the danger of unfair prejudice to the appellant.

Kiefel and Gageler JJ found that the evidence of the appellant's prior convictions was not admissible under section 97 of the *Evidence Act 1995* (NSW) because it was not relevant to any issue to be decided in the proceedings. Their Honours held that the evidence was introduced solely to demonstrate the appellant's propensity to commit the offence charged, which is impermissible under the exclusionary rule. The court emphasised that the admission of such evidence, particularly when it carries a significant risk of unfair prejudice, can lead to a miscarriage of justice.

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