Pfennig v the Queen

The High Court of Australia considered the admissibility of similar fact evidence in the criminal trial of Pfennig, who was charged with the murder of an abducted child. The prosecution sought to introduce evidence of a separate abduction of another child by the accused approximately twelve months after the alleged murder, the body of the first child never having been found. The case turned on the admissibility of this circumstantial evidence.

The central legal issue before the High Court was whether the evidence of the later abduction was admissible to prove the commission of the alleged murder. Specifically, the Court had to determine if the similarities between the two alleged abductions were such that the evidence of the second abduction possessed a probative value that outweighed its prejudicial effect, thereby justifying its admission.

The High Court held that the evidence of the second abduction was admissible. The Court reasoned that the striking similarities between the two alleged events, including the method of abduction and the characteristics of the victims, demonstrated a common design or pattern of conduct on the part of the accused. This commonality was considered sufficiently cogent to establish a real probability of the accused's guilt in relation to the first alleged murder, rather than merely suggesting a propensity to commit such offences. The probative force of the evidence was deemed to outweigh its prejudicial impact.

The appeal was dismissed.