Sharp v The Queen

In *Sharp v The Queen*, the High Court of Australia considered an appeal by the applicant, Sharp, against his conviction for murder. The dispute centred on the admissibility of certain evidence during his trial.

The primary legal issue before the High Court was whether the trial judge had erred in admitting evidence of the applicant's prior convictions and prior bad character. This evidence was admitted on the basis that it was relevant to establishing the applicant's propensity to commit the offence charged. The court was required to determine if this admission contravened the general rule against admitting evidence of bad character to prove guilt.

McHugh and Heydon JJ, in their joint judgment, held that the admission of the evidence of prior convictions and bad character was an error. They applied the principle that evidence of a person's prior criminal conduct is generally inadmissible to prove that the person committed the offence with which they are presently charged, as it tends to show a propensity to commit such offences rather than directly proving guilt. The judges found that the evidence did not fall within any recognised exception to this exclusionary rule and that its prejudicial effect outweighed any probative value.

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