Roncevic v The State of Western Australia

Roncevic was charged with multiple offences involving the use of a firearm, and he applied for leave to appeal against a decision to admit certain evidence. The court had to decide whether the propensity and relationship evidence was admissible under Section 31A of the Evidence Act. The court considered whether the evidence had significant probative value and if the probative value compared to the risk of an unfair trial was such that fair-minded people would think that the public interest in adducing all relevant evidence of guilt must have priority over the risk of an unfair trial.

The court found that the evidence had significant probative value and that the probative value compared to the risk of an unfair trial was such that fair-minded people would think that the public interest in adducing all relevant evidence of guilt must have priority over the risk of an unfair trial. The court also considered whether the risk of prejudice could be guarded against by directions to the jury. The court found that any likelihood of prejudice could be guarded against by a direction to the jury, and so the court declined to order that the accused be tried separately on one or more of the charges.

The court concluded that there was no ground of appeal that had a reasonable prospect of success, and so the application for leave to appeal was refused. The court did not consider it necessary to make any orders.