R v DL

The appeal concerned an application for leave to appeal from interlocutory orders made by a judge of the Supreme Court of Queensland. The applicant, DL, sought leave to appeal against orders that permitted the prosecution to adduce tendency evidence.

The central legal issue before Burns J was whether the interlocutory orders permitting the adduction of tendency evidence were attended by sufficient doubt to warrant the grant of leave to appeal. This required an assessment of whether the primary judge had erred in admitting the evidence under the relevant provisions of the *Evidence Act 1977* (Qld).

Burns J considered the principles governing the admission of tendency evidence, particularly the requirement that the probative value of the evidence must not be outweighed by the danger of unfair prejudice. His Honour reviewed the evidence in question and the reasoning of the primary judge, ultimately concluding that the primary judge had not erred in principle in admitting the tendency evidence. The application for leave to appeal was therefore dismissed.