A Tendency to Convict

Abstract

This case note examines the High Court of Australia’s determination in Hughes v The Queen that tendency evidence can have significant probative value, and therefore be admissible, even if such evidence does not share close similarities with the facts in issue. While the case involved allegations of child sexual assault, the principle will apply to all criminal and civil cases under the Australian Uniform Evidence Acts. This case note argues that the Hughes decision is appropriate as a matter of statutory interpretation and in the context of child sexual assault cases. It also positively increases uniformity between Uniform Evidence Act jurisdictions where there had previously been diverging approaches as to the degree of similarity required for tendency evidence to have significant probative value. However, it is more questionable whether the decision should apply equally to other criminal and civil cases.