High Court of Australia

Phillips v The Queen [2006] HCA 4

225 CLR 303; 80 ALJR 537; 224 ALR 216

1 Mar 2006

Case Number: B58/2005

Before

Gleeson CJ, Gummow, Kirby, Hayne, Heydon JJ

Catchwords

Criminal Law – Information, indictment or presentment - Joinder of counts - Criminal Code (Q), ss 567, 597A - Series of offences of same or similar character - Whether admission of evidence of each complainant in relation to all counts prejudicial to appellant such that separate trials should have been ordered.

Criminal Law – Evidence - Admissibility of similar fact evidence - Appellant charged with eight counts of sexual offences against six complainants -Whether evidence in relation to counts involving one complainant admissible in relation to counts involving other complainants - Whether similar fact evidence admissible on the issue of consent - Whether similar fact evidence admissible on issues other than consent - Application of principles for admissibility of similar fact evidence stated in Pfennig v The Queen (1995) 182 CLR 461 - Whether similar fact evidence has strong degree of probative force sufficient to outweigh prejudicial effect.

Criminal Law – Jury - Verdict - Unreasonable verdicts - Whether verdicts only explicable as the product of compromise between jurors - Whether intervention required to prevent injustice.

Criminal Law – Retrial - Appellant acquitted on one count of rape - Whether admission of closely related evidence at retrial on different counts would fail to give full effect to that acquittal.

Criminal Code (Q) – ss 567, 597A.

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