OAE v The Queen

The case of OAE v The Queen concerned an appeal to the High Court of Australia by the applicant, OAE, against a decision of the Court of Criminal Appeal of New South Wales. The applicant had been convicted of a number of offences, including sexual assault. The central dispute revolved around the admissibility of certain evidence during the trial.

The primary legal issue before the High Court was whether the trial judge had erred in admitting evidence of the applicant's prior sexual history. Specifically, the court had to consider the application of section 102 of the *Evidence Act 1995* (NSW), which governs the admissibility of evidence of a person's sexual reputation or past sexual conduct in proceedings for a sexual offence. The court also considered whether the admission of this evidence had resulted in a miscarriage of justice.

Crennan J, delivering the judgment of the High Court, reasoned that the evidence of prior sexual history was not admissible under section 102 of the *Evidence Act 1995* (NSW) because it did not fall within any of the exceptions provided by that section. The judge found that the evidence was not relevant to any issue in the proceedings and that its admission was prejudicial to the applicant. Consequently, the court concluded that the admission of this evidence had occasioned a miscarriage of justice.

The High Court allowed the appeal, quashed the conviction, and remitted the matter to the Court of Criminal Appeal of New South Wales for a retrial.