PD v The Queen

The case of PD v The Queen concerned an appeal to the High Court of Australia by the applicant, PD, against his conviction for a number of offences, including sexual offences. The appeal was heard by Bell and Gageler JJ.

The central legal issue before the High Court was whether the trial judge had erred in admitting certain evidence, specifically evidence of the applicant's prior sexual history. The applicant argued that this evidence was unfairly prejudicial and should not have been admitted, as it did not meet the criteria for admissibility under the relevant evidence legislation.

The High Court considered the principles governing the admission of evidence of prior sexual history, particularly the balance between its probative value and its potential to prejudice the jury. Their Honours analysed the specific circumstances of the case and the nature of the evidence in question, ultimately determining whether the trial judge had correctly applied the legal tests for admissibility.

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