R v Livingstone
[2018] QCA 3
Citation 1
…1 CLR 487; [1994] HCA 63, followed Noor Mohamed v The King [1949] AC 182; [1948] UKPC 86, cited R v Baden-Clay (2016) 258 CLR 308; [2016] HCA 35, followed R v Hasler; Ex parte Attorney-General [1987] 1 Qd R 239; (1986) 21 A Crim R 376, applied SKA v The Queen (2011) 243 CLR 400; [2011] HCA 13, followed TKWJ v The…
Pfennig v the Queen
[1995] HCA 7
Citation 2
…43. The judgments in succeeding cases suggested that the second principle was directed to justifying the admissibility of similar fact or propensity evidence when it tended to disprove a denial or defence which was otherwise available to the accuseda (8 Thompson v. The King (1918) AC 221), e.g., an …
The Duke Group Ltd (in Liquidation) v Angus Claymore Pilmer, Alan Robert Crawford, Domenic Vincent Martino, Peter John Messer, Peter Lawson Munachen, Geoffrey James Stokes and Robert John Gray (Defendants), Francis..
[1994] SASC 4823
Citation 3
…) AC 545. It is as well to be reminded of the circumstances in which that "discretion" falls to be exercised. They were discussed by Lord Du Parcq in Noor Mohamed v The King (1949) AC 182 at p192: "... in all such cases the judge ought to consider whether the evidence which it is proposed to adduce is sufficiently substantial, h…
R v David Peter Jarrett No. SCCRM 92/819 Judgment No. 4596 Number of Pages 30 Criminal Law and Procedure Evidence (1994) 62 Sasr 443
[1994] SASC 4596
Citation 4
…ntial prejudice to the accused if it is admitted. The circumstances in which that discretion falls to be exercised were discussed by Lord Du Parcq in Noor Mohamed v The King (1949) AC 182 at p.192: "... in all such cases the judge ought to consider whether the evidence which it is proposed to adduce is sufficiently substantial,…
Harriman v the Queen
[1989] HCA 50
Citation 5
…5. The reason underlying these principles is that the law refuses to accept in proof of guilt evidence which does no more than show the commission of, or predisposition to commit, other offences even if they be offences of the same or similar character as the offence charged: see Sutton v. The Queen…
Phillips v The Queen
[1985] HCA 79
Citation 6
…8. Section 15(2)(c) of the Act provides expressly that any questioning as contemplated by that provision shall be subject to the permission of the court. Not all statutes dealing with the subject in Australia contain such a proviso but undoubtedly it not only expresses a rule of practice which shoul…
Sutton v The Queen
[1984] HCA 5
Citation 7
…7. One finds, in judgments in "similar fact" cases since the decision in Makin v. Attorney-General, an increasing tendency to emphasize the fundamental character of the first of Lord Herschell's propositions, often at the cost of the second of them. In 1934, Viscount Sankey L.C., speaking for the Ju…
Perry v The Queen
[1982] HCA 75
Citation 8
…11. I have already said that evidence tendered to prove the similar fact which it is sought to admit in accordance with these principles must have a strong degree of probative force. It is not enough that it merely raises a suspicion that the accused may have been guilty of the similar misconduct al…
Driscoll v The Queen
[1977] HCA 43
Citation 9
…29. Although as a matter of law a document is admissible against an accused person who has adopted it, that does not seem to me to be the end of the matter. It has long been established that the judge presiding at a criminal trial has a discretion to exclude evidence if the strict rules of admissibi…