Z v The Queen

The High Court of Australia considered the appeal of Z against a conviction for a sexual offence. The central dispute concerned the admissibility of certain evidence relating to the complainant's prior sexual history.

The primary legal issue before the Court was whether the trial judge had erred in admitting evidence of the complainant's sexual history with a third party, contrary to the provisions of the *Evidence Act 1995* (NSW). This involved determining whether the evidence was relevant to a fact in issue and, if so, whether its probative value outweighed its prejudicial effect, particularly in light of the statutory restrictions on admitting such evidence.

The Court analysed the concept of relevance and the specific exclusionary provisions concerning evidence of sexual reputation or history. It was held that the evidence in question was not relevant to any issue in the trial and, even if it possessed some minimal relevance, its prejudicial impact was substantial, leading to an unfair trial. The Court emphasised that the statutory scheme was designed to prevent the jury from being unduly influenced by irrelevant or prejudicial information about a complainant's sexual history.

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