R v Wilson (No 3)

The court heard an appeal against conviction by the accused, Wilson, who was found guilty of murder in the Supreme Court of New South Wales. The case involved the death of a child, and Wilson argued that the trial judge erred in admitting certain evidence at the trial. The appeal was heard in the Court of Criminal Appeal. The primary legal issue before the court was whether the trial judge correctly admitted evidence of a tendency, which was adduced to show that the accused had a propensity to harm children. The court was required to determine whether the trial judge properly exercised his discretion under s 137 of the Evidence Act 1995 (NSW), which sets out the conditions for admitting evidence of a tendency.

The court found that the trial judge correctly exercised his discretion in admitting the evidence. The court considered that the evidence was relevant to the issue of the accused's propensity to harm children, and that it was necessary to prove the accused's guilt beyond reasonable doubt. The court also found that the probative value of the evidence outweighed any potential prejudicial effect on the jury. The court further held that the accused's tendency was established through the evidence, and that the victim's tendency was also established. The court held that the trial judge properly directed the jury on the use of the tendency evidence, and that the admission of the evidence did not result in a miscarriage of justice. The appeal was dismissed, and the conviction was upheld.

The court did not make any orders in relation to the appeal. The conviction and sentence imposed by the trial judge remained in place.