R v Thompson

[2001] VSCA 208

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Evidence
3. › Character evidence
4. › Evidence of bad character or criminal propensity
5. › Inadmissible evidence of criminal propensity given before jury
6. › Whether trial judge required to direct jury
7. › Failure to direct
8. › Whether miscarriage of justice occasioned
9. › Makin v Attorney-General (NSW) [1894] AC 57
10. › Melbourne v The Queen [1999] HCA 32
1. Criminal Law
2. › Evidence
3. › Identification evidence
4. › Identification by police officers
5. › Prejudice arising from circumstances of prior contacts between identifying witnesses and accused
6. › Whether identification evidence contaminated by inadmissible character evidence
1. Criminal Law
2. › Trial
3. › Directions to jury
4. › Duty of trial judge to direct on inadmissible or prejudicial evidence
5. › Whether direction adequate to cure prejudice
6. › Whether discharge of jury required
1. Criminal Law
2. › Appeal
3. › Miscarriage of justice
4. › Potential for miscarriage cannot be reasonably excluded
5. › Convictions set aside
6. › Retrial ordered

Quick Take

Where inadmissible evidence of criminal propensity is given before a jury in a criminal trial, the trial judge must at minimum instruct the jury that the evidence is irrelevant and a potential source of prejudice, even where neither counsel seeks such a direction. Failure to do so may occasion a miscarriage of justice notwithstanding the strength of the prosecution case.