TK v The Queen

The case of *TK v The Queen* was heard by French CJ and Bell J. The dispute concerned an appeal against a conviction for a sexual offence.

The central legal issue before the Court was whether the trial judge had erred in admitting evidence of the complainant's prior sexual experience with the appellant, which had been admitted under section 101 of the *Evidence Act 1995* (NSW). The appellant argued that this evidence was unfairly prejudicial and should have been excluded under section 137 of the *Evidence Act 1995* (NSW).

The Court considered the application of sections 101 and 137 of the *Evidence Act 1995* (NSW). Section 101 permits the admission of evidence of a person's prior sexual experience with the accused if it is relevant to a fact in issue. Section 137 requires the exclusion of evidence if its probative value is outweighed by the danger of unfair prejudice to the accused. The Court found that the evidence of prior sexual experience was relevant to establishing the nature of the relationship between the complainant and the appellant and was not unfairly prejudicial. The appeal was dismissed.