An interlocutory decision excluding tendency evidence of conduct to which the accused has pleaded guilty may be attended with sufficient doubt to warrant leave to appeal, particularly where the reasoning is unsupported by authority and the evidence is highly probative. The question of whether the correctness standard or the House v The King standard applies to appellate review of s 101(2) tendency evidence rulings in the ACT was left open.
The full text is available to signed-in members, including the 1 later case that cites this judgment.