R v Campbell; R v Waters (No. 3)

The case of R v Campbell; R v Waters (No. 3) involved the applicants seeking to rely on evidence of prior criminal acts for purposes other than to establish a tendency towards criminal behaviour. The applicants argued that such evidence was relevant to the issue of identity, and therefore should be admitted. The Crown opposed the application, arguing that the evidence was not relevant to the issue of identity and was likely to unfairly prejudice the applicants. The matter was heard in the Supreme Court of Queensland.

The central legal issues before the court were whether the evidence of the prior criminal acts was admissible for a purpose other than to establish a tendency towards criminal behaviour, and if so, whether it was relevant to the issue of identity. The court needed to determine if the probative value of the evidence outweighed any prejudicial effect it may have on the applicants.

The court found that the evidence of the prior criminal acts was not relevant to the issue of identity, and therefore could not be admitted for that purpose. The court emphasised the need to balance the probative value of the evidence against any prejudicial effect it may have. The court held that the prejudicial effect of the evidence outweighed its probative value, and therefore the application to admit the evidence for a non-tendency purpose was refused. The court also noted that the evidence was not admissible for the purpose of establishing a tendency towards criminal behaviour, as it did not meet the criteria set out in the Evidence Act.

The court refused the Crown's application to rely on the evidence of the prior criminal acts for a non-tendency purpose. The court held that the evidence was not relevant to the issue of identity, and that the prejudicial effect of the evidence outweighed its probative value. The court also noted that the evidence did not meet the criteria for establishing a tendency towards criminal behaviour. The orders of the court are set out at [114] and [116].