Postiglione v The Queen

The High Court of Australia considered an appeal by the applicant, Postiglione, against his conviction for murder. The dispute centred on the admissibility of certain evidence during his trial.

The primary legal issue before the High Court was whether the trial judge had erred in admitting evidence of the applicant's prior convictions and a prior inconsistent statement. This evidence was admitted on the basis that it was relevant to the applicant's credibility and, in the case of the prior convictions, to establish a propensity to commit similar offences.

The High Court, in a joint judgment, held that the admission of the prior convictions was an error. Their Honours reasoned that while evidence of prior convictions can be admissible to establish credibility, its admission for the purpose of demonstrating a propensity to commit similar offences is generally impermissible, as it risks unfairly prejudicing the jury against the accused. The Court found that the prejudicial effect of this evidence outweighed its probative value. The admission of the prior inconsistent statement was also found to be an error, as it was not properly admitted for the purpose of cross-examination.

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