Wannan v The Queen

In *Wannan v The Queen*, the High Court of Australia considered an appeal by the applicant, Wannan, against his conviction for murder. The dispute centred on the admissibility of certain evidence during his 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 question involved an examination of the relevant rules of evidence, particularly those governing the admissibility of such material and the potential for unfair prejudice to the accused.

The High Court held that the admission of the evidence of prior convictions and bad character was an error. Their Honours applied the principles established in cases such as *Pfennig v The Queen*, which require that evidence of prior convictions or bad character must have a *real probative value* beyond its mere tendency to show that the accused is a person of bad character or has a propensity to commit offences. In this instance, the court found that the evidence did not meet this threshold and was likely to have unfairly prejudiced the jury against the applicant, thereby miscarrying justice.

Consequently, the High Court allowed the appeal, quashed the conviction, and ordered a new trial.