KRM v The Queen [2001] HCA 11

HIGH COURT OF AUSTRALIA

McHUGH, GUMMOW, KIRBY, HAYNE AND CALLINAN JJ

KRM APPELLANT

AND

THE QUEEN RESPONDENT

KRM v The Queen [2001] HCA 11

8 March 2001

M11/2000

ORDER

Appeal dismissed.

On appeal from the Supreme Court of Victoria

Representation:

P F Tehan QC with C B Boyce for the appellant (instructed by Allan McMonnies)

G R Flatman QC with C M Quin for the respondent (instructed by Solicitor for Public Prosecutions, Victoria)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

KRM v The Queen

Criminal law – Practice and procedure – Sexual offences – Multiple counts – One count of maintaining relationship with child under 16 pursuant to s 47A Crimes Act 1958 (Vic) – Whether propensity warning required when presentment involves multiple counts of sexual offences and relationship count pursuant to s 47A – Whether propensity warning required in respect of individual acts that form basis of a charge under s 47A – Use of "separate consideration" warning – Operation of proviso.

Criminal law – Sexual offences – s 47A Crimes Act 1958 (Vic) – Whether legislature can modify the need for particulars of criminal charges – Whether evidence of uncharged sexual acts admissible to prove the nature of the relationship between the accused and the complainant.

Evidence – Propensity evidence – "No rational view" test – Application to relationship evidence.

Crimes Act 1958 (Vic), s 47A.

1. McHUGH J. Section 47A of the Crimes Act 1958 (Vic) ("the Act")[1] relevantly provided[2]:

"Sexual relationship with child under the age of 16

(1) A person who maintains a sexual relationship with a child under the age of 16 to whom he or she is not married and who is under his or her care, supervision or authority is guilty of an indictable offence.