Dka v WA

[2017] WASCA 44

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Evidence
3. › Propensity evidence
4. › Significant probative value
5. › Evidence of low-level inappropriate conduct of a sexual nature
6. › Whether proposed propensity evidence had significant probative value where conduct fundamentally different in character from charged offences
7. › Evidence Act 1906 (WA), s 31A
1. Criminal Law
2. › Appeal
3. › Appeal against conviction
4. › Miscarriage of justice
5. › Wrongful admission of propensity evidence
6. › Standard of appellate review
7. › Whether appellate court decides for itself whether evidence has significant probative value
1. Criminal Law
2. › Evidence
3. › Propensity evidence
4. › Factors relevant to significant probative value
5. › Nature, quality, extent and duration of conduct
6. › Level of generality of alleged propensity
7. › Temporal gap between propensity evidence and charged conduct

Quick Take

Prosecutors seeking to adduce propensity evidence of low-level inappropriate sexual conduct (voyeurism, exposure, inappropriate comments) in trials for serious sexual offences should carefully assess whether the fundamental difference in character between the propensity evidence and the charged conduct means the evidence lacks significant probative value under s 31A.