Rousetty v The Queen

The case of *Rousetty v The Queen* concerned an appeal to the High Court of Australia following a conviction for murder. The appellant, Rousetty, had been found guilty of murder by a jury in the Supreme Court of New South Wales and subsequently appealed to the Court of Criminal Appeal of New South Wales, which dismissed his appeal. The central dispute revolved around the admissibility of certain evidence during the trial.

The High Court was required to determine whether the trial judge had erred in admitting evidence of the appellant's prior convictions and prior bad character. Specifically, the court had to consider whether this evidence was improperly used to suggest that the appellant had a propensity to commit criminal acts, thereby prejudicing the jury against him, or whether it was admissible for a legitimate purpose, such as demonstrating a common purpose or a relevant pattern of conduct.

In their joint judgment, Kirby and Crennan JJ held that the admission of the evidence of prior convictions and bad character was an error. Their Honours reasoned that the evidence did not establish a sufficient nexus or connection to the offence charged to justify its admission under the exceptions to the general rule against admitting such evidence. The court applied the principle that evidence of prior convictions or bad character is generally inadmissible because it risks the jury convicting the accused on the basis of their past conduct rather than the evidence relating to the specific charge. The evidence was found to be unfairly prejudicial and its admission constituted a miscarriage of justice.

The High Court allowed the appeal, quashed the conviction, and ordered a new trial.