Tasmania v McLean

In the case of Tasmania v McLean, the defendant was charged with multiple counts of indecent assault against young women. The prosecution sought to introduce evidence of the defendant’s previous similar conduct with women of a similar age to establish a pattern of behaviour. The case was heard in the Supreme Court of Tasmania.

The central legal issues revolved around the admissibility of similar fact evidence under the common law principles, specifically focusing on whether the evidence had significant probative value and whether there was a reasonable possibility that the accusations were concocted due to the similarity of the incidents. The court was required to balance the probative value of the evidence against the potential for unfair prejudice.

The court held that the evidence of similar conduct was of high probative value due to the striking similarities between the previous incidents and the current charges. The court found that there was no reasonable possibility that the accusations were concocted. The similarities in the age of the victims, the nature of the assaults, and the defendant’s opportunity to commit such acts were compelling. The court concluded that the probative value of the evidence outweighed any prejudicial effect, allowing the similar fact evidence to be admitted.

The court ordered that the evidence of the defendant’s previous similar conduct be admitted, permitting the jury to consider the pattern of behaviour in determining the defendant’s guilt on the current charges.