R v Thompson

The appellant, Thompson, faced charges of assault occasioning actual bodily harm and dangerous driving. The Crown sought to adduce evidence of a previous conviction for assault. Thompson applied to exclude this evidence on the grounds that its prejudicial effect outweighed its probative value. Simultaneously, Thompson applied to vacate the trial date due to the unavailability of his counsel.

The court had to decide whether the prejudicial effect of the evidence of the previous conviction outweighed its probative value under section 137 of the Evidence Act 1995 (Cth). Additionally, the court needed to assess whether the unavailability of Thompson's counsel was a sufficient ground to vacate the trial date under section 13AA of the Acts Interpretation Act 1901 (Cth).

The court found that the evidence of the previous conviction was highly probative of the appellant's propensity to commit acts of violence. The court held that the probative value outweighed any prejudicial effect, and thus the application to exclude the evidence was refused. Regarding the application to vacate the trial date, the court held that the mere unavailability of counsel was insufficient to justify vacating the trial date. The court considered the appellant's delay in informing the court of his counsel's unavailability and found that there was no demonstrated likelihood of a substantial miscarriage of justice if the trial proceeded. Consequently, the application to vacate the trial date was also refused.

The court's orders were that the application to exclude evidence was refused and the application to vacate the trial date was refused.