The Director of Public Prosecutions for Victoria v Lemoussu [2012] HCATrans 201

The Director of Public Prosecutions for Victoria (DPP) sought special leave to appeal to the High Court of Australia against a decision of the Supreme Court of Victoria. The dispute concerned the interpretation and application of s 102(1)(c) of the *Crimes Act 1958* (Vic), which relates to the admissibility of evidence of a person's character or previous convictions. The DPP's application for special leave to appeal was heard by Hayne and Crennan JJ.

The central legal issue before the High Court was whether the Supreme Court of Victoria had erred in its interpretation of s 102(1)(c) of the *Crimes Act 1958* (Vic) when it admitted evidence of the respondent's prior convictions. Specifically, the question was whether the Supreme Court had correctly applied the statutory test for admitting such evidence, which requires the court to be satisfied that the probative value of the evidence is not outweighed by the danger of unfair prejudice to the accused.

Hayne and Crennan JJ granted special leave to appeal and allowed the appeal. Their Honours found that the Supreme Court had misconstrued the provisions of s 102(1)(c) and had failed to properly assess the balance between the probative value and the prejudicial effect of the evidence. The High Court held that the evidence of prior convictions was not admissible under the section, as its prejudicial effect was likely to outweigh its probative value. The Court therefore quashed the conviction and remitted the matter to the Supreme Court of Victoria for a retrial.