Sharman (a pseudonym) v The King

[2024] VSCA 5

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Evidence
3. › Tendency evidence
4. › Cross-admissibility of charged acts
5. › Police officer charged with assault offences
6. › Whether evidence significantly probative of acting unreasonably and without lawful excuse
7. › Whether probative value substantially outweighs prejudicial effect
8. › Evidence Act 2008 (Vic), ss 97, 101
1. Criminal Law
2. › Interlocutory appeal
3. › Leave to appeal
4. › Standard of review
5. › Whether House v The King error demonstrated
6. › Criminal Procedure Act 2009 (Vic), s 295
1. Criminal Law
2. › Evidence
3. › Tendency evidence
4. › Prejudicial effect
5. › Whether jury directions sufficient to temper prejudice
6. › Evidence Act 2008 (Vic), s 101(2)

Quick Take

A challenge to an interlocutory tendency evidence ruling must be framed by reference to House v The King error categories, not simply by re-arguing the merits of the tendency ruling.

Case Details

Citation[2024] VSCA 5

CourtVSCA

JurisdictionVictoria

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Relies on

The Queen v Dennis Bauer (a pseudonym)HCA 40
Hughes v The QueenHCA 20
Todd (a Pseudonym) v The QueenVSCA 29

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