Velevski v The Queen

The applicant, Mr. Velevski, sought special leave to appeal to the High Court of Australia against his conviction for murder. The conviction had been affirmed by the Court of Criminal Appeal of New South Wales. The central dispute concerned the admissibility of certain evidence during the trial.

The primary legal issue before the High Court was whether the trial judge had erred in admitting evidence of the applicant's prior convictions and prior bad character. This evidence was admitted on the basis that it was relevant to establishing the applicant's identity and his propensity to commit the offence charged. The applicant argued that this evidence was unfairly prejudicial and should have been excluded under the rules of evidence.

Gleeson CJ, in chambers, considered the principles governing the admission of evidence of prior convictions and bad character. His Honour noted that such evidence is generally inadmissible unless it has a specific relevance beyond mere propensity. The court's task was to determine if the evidence admitted possessed such a specific relevance, such as establishing identity, motive, or a system of conduct, and whether its probative value outweighed its prejudicial effect.

Special leave to appeal was refused.