Morey (a pseudonym) v The King

[2023] VSCA 153

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Conviction appeal
4. › Unreasonable verdict
5. › Whether convictions unreasonable or not supported by evidence
6. › Whether open to jury to convict
7. › Criminal Procedure Act 2009 (Vic), s 276(1)(a)
1. Evidence
2. › Tendency evidence
3. › Admissibility
4. › Significant probative value
5. › Whether tendency evidence had significant probative value in relation to rape charges
6. › Whether tendency to threaten was probative of sexual offending
7. › Evidence Act 2008 (Vic), ss 97, 101(2)
1. Evidence
2. › Tendency evidence
3. › Prejudicial effect
4. › Whether probative value substantially outweighed by prejudicial effect
5. › Evidence Act 2008 (Vic), s 101(2)
1. Criminal Law
2. › Sentence
3. › Appeal
4. › Manifest excess
5. › Theft of motor vehicle
6. › Whether sentence manifestly excessive where related sentences set aside
7. › Criminal Procedure Act 2009 (Vic), s 277(3)

Quick Take

Tendency evidence alleging a tendency to threaten or assault a complainant to compel compliance with demands does not have significant probative value in relation to rape charges where the Crown case is that the accused physically overcame the complainant, rather than induced compliance through threats. The tendency alleged must closely match the facts in issue on the charged offences. Tendency evidence that amounts to no more than a general tendency to engage in abusive behaviour in a domestic relationship is insufficient.