Standage v Tasmania

The appellant, Standage, was convicted of two counts of murder. The appeal concerned the admissibility of "scenario evidence," which comprised recorded conversations between the appellant and undercover police officers. The appellant argued that this evidence should have been excluded under section 137 of the *Evidence Act 2001* (Tas) because its probative value was outweighed by the danger of unfair prejudice.

The legal issue before the court was whether the trial judge erred in admitting the scenario evidence. Specifically, the court had to determine if the probative value of the evidence, which included admissions and potential confessions by the appellant, was outweighed by the danger of unfair prejudice arising from the appellant's demonstrated willingness to engage in serious organised crime and the suggestive nature of the police questioning.

The court found that while much of the scenario evidence presented a real danger of unfair prejudice, its probative value was not outweighed by that danger. The court reasoned that the jury could be adequately instructed to compartmentalise the evidence, distinguishing between admissions and confessions relevant to the murders and evidence of bad character or propensity. The court noted that the jury would be directed that the suggestive statements made by undercover officers were not evidence, and that the evidence of the appellant's participation in other criminal activities was solely to establish context and setting for any admissions. The court concluded that an average jury would be reasonably capable of following these directions and leaving the prejudicial background evidence out of account for other purposes, thus avoiding a miscarriage of justice.