The Queen v O'Brien

The accused, O’Brien, was charged on one indictment with 18 counts of sexual offences against two complainants. The offences spanned two different periods and involved two different complainants. The court was required to decide several legal issues, including whether evidence of the accused’s conduct, both with adolescent boys and others, was admissible for tendency purposes. The court also needed to determine if relationship or context evidence was admissible to help explain the progression of the relationship between the accused and the complainants. Additionally, the court had to decide whether the charges should be severed into separate trials.

The court found that evidence of the accused's conduct involving adolescent boys had significant probative value and could be admitted for tendency purposes under sections 97 and 101 of the Evidence (National Uniform Legislation) Act 2011 (NT). However, evidence involving young children and adults was deemed inadmissible for tendency purposes. Context or relationship evidence was found to be admissible as it helped to make the complainants’ versions of events more believable when viewed in the context of their relationship with the accused. The probative value of this evidence outweighed any potential for unfair prejudice to the accused, which could be addressed by appropriate jury directions. The court dismissed the application to sever the indictment, finding that the offences formed part of a series of offences of the same or similar character, and that evidence was cross-admissible between counts. Any potential prejudice could be addressed by an appropriate direction to the jury.

[1] See R v O’Connor [1986] VR 623.
[2] See R v O’Connor [1986] VR 623.
[3] See R v O’Connor [1986] VR 623.
[4] See R v O’Connor [1986] VR 623.