The Court held that where a Local Court charge was dismissed after the prosecution offered no evidence, the dismissal operates like any other dismissal following a hearing and the principle of incontrovertibility applies, preventing the Crown from leading evidence that would tend to overturn that result. Following R v Wiggins (No 7), evidence of an absence of criminal convictions constitutes evidence of general good character under s 110(1), triggering the Crown's right to lead rebuttal evidence under s 110(2). However, even where some residual evidence from the earlier incident did not contravene incontrovertibility (here, verbal confrontation short of the charged criminal conduct), the Court excluded it under s 137, finding its limited probative value — given the 15-year gap, absence of actual physical violence, and the accused's inability to cross-examine witnesses whose statements would be tendered — was outweighed by the danger of unfair prejudice.
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