PNJ v The Queen

The High Court of Australia considered an appeal by PNJ against a conviction for a sexual offence. The dispute concerned the admissibility of certain evidence during PNJ's trial.

The central legal issue before the High Court was whether the trial judge had erred in admitting evidence of PNJ's prior sexual conduct with the complainant, which had occurred some years before the offence charged. This involved an examination of the relevant provisions of the *Uniform Evidence Law* concerning the admissibility of evidence of a person's character, reputation or previous conduct.

The High Court held that the evidence of prior sexual conduct was improperly admitted. Their Honours reasoned that the evidence did not fall within any of the exceptions to the general rule prohibiting the admission of such evidence. Specifically, the evidence was not relevant to proving any element of the offence charged, nor was it admissible for any other purpose permitted by the *Uniform Evidence Law*. The admission of this evidence was found to have created an unfair trial for PNJ.

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