Vec v WA

[2025] WASCA 89

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Evidence
2. › Propensity evidence
3. › Tendency evidence
4. › Whether evidence admissible under s 31A of the Evidence Act 1906 (WA)
5. › Whether evidence revealing tendency to behave in abusive manner towards a daughter is significantly probative of whether appellant committed offences of violence and cruelty against that daughter
6. › Risk of impermissible reasoning
7. › Thorough and clear directions by trial judge
8. › Whether fair-minded people would think that the public interest in adducing all relevant evidence of guilt must have priority over the risk of an unfair trial
9. › Evidence Act 1906 (WA), s 31A
1. Evidence
2. › Context evidence
3. › Uncharged acts of violence and cruelty
4. › Whether admissible at common law to explain relationship and render complainant's account credible
5. › Whether probative value outweighed by prejudicial effect

Quick Take

Where tendency evidence of a parent's abusive behaviour towards a child is admitted under s 31A of the Evidence Act 1906 (WA), thorough and clear jury directions dealing separately with permissible and impermissible uses for each complainant can substantially reduce the risk of an unfair trial, satisfying the s 31A(2)(b) balancing test.

Case Details

Citation[2025] WASCA 89

CourtWASCA

JurisdictionWestern Australia

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Relies on12

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