SLD v The Queen

The High Court of Australia heard an appeal by SLD against a conviction for murder. The appellant had been found guilty 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 the appeal. The central dispute concerned the admissibility of certain evidence and the fairness of the trial process.

The High Court was required to determine whether the trial judge had erred in admitting evidence of the appellant's prior convictions and whether the summing up to the jury was adequate, particularly in relation to the issue of self-defence. A further issue was whether the cumulative effect of any errors amounted to a miscarriage of justice.

Gleeson CJ and Heydon J considered the principles governing the admission of evidence of prior convictions, noting that such evidence is generally inadmissible unless it has a specific relevance beyond merely showing a propensity to commit crime. They found that the evidence in question was admitted for reasons that did not overcome this general prohibition. Regarding the summing up, their Honours examined whether the jury had been properly directed on the elements of self-defence and the onus of proof. They concluded that the summing up, when viewed as a whole, was deficient in its explanation of these crucial matters.

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