TL v The Queen

In *TL v The Queen*, the High Court of Australia considered an appeal from the Court of Appeal of the Supreme Court of Queensland concerning the admissibility of evidence in a criminal trial. The appellant, TL, had been convicted of a number of offences, including sexual offences, and sought to challenge the admission of certain evidence at his trial.

The central legal issue before the High Court was whether the trial judge had erred in admitting evidence of the appellant's prior sexual conduct with the complainant, which had occurred some years before the alleged offences. The appellant argued that this evidence was unfairly prejudicial and should have been excluded under the rules of evidence, specifically concerning propensity evidence.

The High Court, in a joint judgment, held that the evidence of prior sexual conduct was admissible because it was relevant to establishing a course of conduct between the appellant and the complainant, and was not merely introduced to demonstrate the appellant's bad character or propensity to commit such offences. Their Honours applied the principles governing the admissibility of evidence of prior conduct, emphasising that such evidence may be admitted if it has a sufficient probative value that outweighs its prejudicial effect, particularly where it forms part of a pattern of behaviour or establishes a relationship between the parties. The Court found that the evidence in this case met that threshold, as it tended to show a continuity of behaviour and a particular relationship between the appellant and the complainant that was relevant to the charges.

The appeal was dismissed.