SCOTT WILLIAM LONGFIELD v THE QUEEN [2005] ACTCA 31 (3 August 2005)
EX TEMPORE JUDGMENT
ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
No. ACTCA 10 - 2005
No. SCA 73 of 2004
Judges: Crispin P, Gray and Moore JJ
Court of Appeal of the Australian Capital Territory
Date: 3 August 2005
IN THE SUPREME COURT OF THE ) No. ACTCA 10 - 2005
) No. SCA 73 of 2004
AUSTRALIAN CAPITAL TERRITORY )
)
COURT OF APPEAL )
ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN:SCOTT WILLIAM LONGFIELD
Appellant
AND:THE QUEEN
Respondent
ORDER
Judges: Crispin P, Gray and Moore JJ
Date: 3 August 2005
Place: Canberra
THE COURT ORDERS THAT:
the appeal be dismissed.
IN THE SUPREME COURT OF THE ) No. ACTCA 10 - 2005
) No. SCA 73 of 2004
AUSTRALIAN CAPITAL TERRITORY )
)
COURT OF APPEAL )
ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN:SCOTT WILLIAM LONGFIELD
Appellant
AND:THE QUEEN
Respondent
Judges: Crispin P, Gray and Moore JJ
Date: 3 August 2005
Place: Canberra
REASONS FOR JUDGMENT
CRISPIN P:
Speaking for myself I would dismiss the appeal in view of the appellant’s non-appearance. Again, speaking for myself, I have had a chance to examine the papers and I can see no hint of any arguable ground of appeal. The words purporting to be the grounds of appeal also seem to raise no arguable case whatsoever.
I certify that the preceding paragraph numbered one (1) is a true copy of the Reasons for Judgment herein of his Honour, President Crispin.
Associate:
Date: 12 August 2005
IN THE SUPREME COURT OF THE ) No. ACTCA 10 - 2005
) No. SCA 73 of 2004
AUSTRALIAN CAPITAL TERRITORY )
)
COURT OF APPEAL )
ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN:SCOTT WILLIAM LONGFIELD
Appellant
AND:THE QUEEN
Respondent
Judges: Crispin P, Gray and Moore JJ
Date: 3 August 2005
Place: Canberra
REASONS FOR JUDGMENT
GRAY J:
I agree and have nothing to add.
I certify that the preceding paragraph numbered two (2) is a true copy of the Reasons for Judgment herein of his Honour Justice Gray.
Associate:
Date: 12 August 2005
IN THE SUPREME COURT OF THE ) No. ACTCA 10 - 2005
) No. SCA 73 of 2004
AUSTRALIAN CAPITAL TERRITORY )
)
COURT OF APPEAL )
ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN:SCOTT WILLIAM LONGFIELD
Appellant
AND:THE QUEEN
Respondent
Judges: Crispin P, Gray and Moore JJ
Date: 3 August 2005
Place: Canberra
REASONS FOR JUDGMENT
MOORE J:
I also agree with the President and have nothing to add.
I certify that the preceding paragraph numbered three (3) is a true copy of the Reasons for Judgment herein of his Honour, Justice Moore.
Associate:
Date: 12 August 2005
Counsel for the Appellant: Self Represented – no appearance
Counsel for the Respondent: Mr R Refshauge SC
Solicitor for the Respondent: ACT Director of Public Prosecutions
Date of hearing: 3 August 2005
Date of judgment: 3 August 2005
- AGLC
- Scott William Longfield v The Queen [2005] ACTCA 31
- Case
- [2005] ACTCA 31
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Court was whether the admission of evidence of the appellant's prior convictions for similar offences constituted an unfair prejudice that outweighed its probative value, thereby rendering the trial judge's decision to admit such evidence an error. The Court was required to consider the provisions of the *Evidence Act 1906* (WA), particularly those concerning the admissibility of evidence of character and previous convictions.
The Court reasoned that the evidence of prior convictions was relevant to establishing the appellant's propensity to drive in a dangerous manner, which was a key element of the charge. However, the Court also acknowledged the inherent risk of prejudice when such evidence is admitted. Applying the principles established in cases such as *DPP v P* [2016] HCA 56, the Court conducted a careful balancing exercise, weighing the probative value of the evidence against the potential for unfair prejudice. The Court concluded that, in the specific circumstances of this case, the trial judge had correctly exercised their discretion in admitting the evidence, finding that its probative value was not outweighed by the risk of unfair prejudice.
Consequently, the Court of Criminal Appeal dismissed the appeal.
Orders
Orders of the court
1.
the appeal be dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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