The Queen v Niehus

The case of The Queen v Niehus involved a criminal trial where the admissibility of certain evidence was contested. The defendant, Niehus, faced charges based on allegations made by two complainants, sisters MM and her sister. The central issue before the court was whether the coincidence and tendency evidence, which pointed to a similar pattern of behaviour by the defendant, was admissible under s 101(2) of the Evidence (National Uniform Legislation) Act (NT). This section requires that the probative value of the evidence must substantially outweigh its prejudicial effect. The court was tasked with determining if the Crown could exclude the possibility of concoction and collaboration between the complainants beyond reasonable doubt.

The court meticulously examined the evidence, noting the striking similarities in the complaints made by MM and her sister, despite the geographical separation and the length of time since they had last spoken. The court assessed whether the evidence had the capacity to influence the jury's assessment of the defendant's guilt. It concluded that there was no inherent improbability in the evidence and that the sisters' communication about the allegations did not, in itself, render the evidence weak or unconvincing. The court emphasised that the risk of collaboration or concoction hinged on whether the complainants' denials of communication could be considered deliberate lies intended to cover up their collaboration, a determination that would be made by the jury.

The court ultimately found that the probative value of the coincidence and tendency evidence substantially outweighed its prejudicial effect. The evidence was deemed admissible, subject to the jury being directed to ensure that they excluded the possibility of concoction and collaboration beyond reasonable doubt. The defence counsel would have the opportunity to argue why the Crown's contention could not be met based on the defence case. The court's ruling allowed the evidence to be presented to the jury, with appropriate instructions to consider the potential for collaboration or concoction.