High Court of Australia
HIGH COURT OF AUSTRALIA
GLEESON CJ,
GUMMOW, KIRBY, HAYNE, HEYDON, CRENNAN AND KIEFEL JJ
Matter No A23/2007
HML APPELLANT
AND
THE QUEEN RESPONDENT
Matter No A19/2007
SB APPELLANT
AND
THE QUEEN RESPONDENT
Matter No A28/2007
OAE APPLICANT
AND
THE QUEEN RESPONDENT
HML v The Queen
SB v The Queen
OAE v The Queen
[2008] HCA 16
24 April 2008
A23/2007, A19/2007, A28/2007
ORDER
Matter No A23/2007
Appeal dismissed.
Matter No A19/2007
Appeal dismissed.
Matter No A28/2007
1. Special leave to appeal granted.
2. Appeal treated as instituted, heard instanter and dismissed.
On appeal from the Supreme Court of South Australia
Representation
Matter No A23/2007
T A Game SC with C S L Abbott for the appellant (instructed by Herman Bersee)
C J Kourakis QC, Solicitor-General for the State of South Australia with S A McDonald for the respondent (instructed by Director of Public Prosecutions (SA))
Matter No A19/2007
A L Tokley with C S Gallagher for the appellant (instructed by Gallagher & Co)
A P Kimber with K G Handshin for the respondent (instructed by Director of Public Prosecutions (SA))
Matter No A28/2007
N M Vadasz for the applicant (instructed by Kyrimis Lawyers)
M G Hinton QC with K G Handshin for the respondent (instructed by Director of Public Prosecutions (SA))
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
CATCHWORDS
HML v The Queen
SB v The Queen
OAE v The Queen
Criminal law – Evidence – Similar facts – Sexual crimes – "Uncharged acts" – Relevance – Admissibility – Applicability of test in Pfennig v The Queen (1995) 182 CLR 461.
Criminal law – Evidence – Similar facts – Standard of proof – Whether "uncharged acts" must be proved beyond reasonable doubt – Directions to jury.
Practice and procedure – Application to amend notice of appeal – Whether leave should be granted to amend notice of appeal to raise issue of admissibility of evidence, to which no objection was taken at trial.
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