Recent Cases

TL v The King [2022] HCA 35 (19 October 2022) (Kiefel CJ, Gageler, Gordon, Steward and Gleeson JJ)


Evidence – Criminal trial – Admissibility – Tendency evidence – Evidence Act 1995 (NSW), s 97(1)(b) – Where tendency evidence adduced to prove identity of offender – Where narrow class of possible perpetrators – Where other evidence identifying appellant as offender and tending to exclude other possible perpetrators – Whether Court of Criminal Appeal misapplied principles in Hughes v The Queen (2017) 263 CLR 338 – Whether tendency evidence required to bear close similarity to offence – Whether tendency evidence had “significant probative value”.

Words and phrases – “close similarity”, “identity of the offender”, “probative value”, “serious physical harm”, “significant probative value”, “tendency evidence”.