The Queen v AW

The Queen filed a case against AW in the Supreme Court of the Northern Territory. The defendant was charged with multiple counts of indecent assault and sexual penetration of a child under the age of 16. The prosecution sought to admit evidence of the defendant's prior conduct that indicated a sexual interest in young girls and a willingness to act on that interest. The court was required to decide whether this evidence met the requirements of sections 97 and 101 of the Evidence (National Uniform Legislation) Act 2011 (NT) and whether its probative value substantially outweighed any prejudicial effect it might have on the defendant.

The court found that the evidence in question could rationally affect the assessment of the probability of the facts in issue to a significant degree, thus satisfying the criteria of section 97 of the Evidence (National Uniform Legislation) Act 2011 (NT). The probative value of the evidence was deemed to be significant, and the risk of improper use by the jury was considered manageable through appropriate directions. Consequently, the court ruled that the evidence was admissible for tendency purposes. Regarding the application to sever the indictment, the court held that the offences formed part of a series of offences of the same or similar character, and the evidence was cross-admissible between counts for tendency purposes. The potential prejudice was thought to be addressable by an orthodox direction to the jury, leading to the dismissal of the application.

The final orders of the court were that the evidence in question was admissible and that the application to sever the indictment was dismissed. The defendant's trial proceeded with the contested evidence being considered by the jury.