Tendency Evidence After Hughes v The Queen [2017] HCA 20

Tendency Evidence After Hughes v The Queen [2017] HCA 20

Lizzie McLaughlin, 14 July 2017

This paper does not intend to cover the field with respect to all aspects of the law of tendency, instead focusing on the recent High Court decision in Hughes v The Queen [2017] HCA 202 (‘Hughes’). In Hughes the High Court resolved a specific tension that had arisen between the NSW and Victorian Courts of Appeal: – whether or not tendency evidence needs to be similar or reflective of a pattern or modus operandi in order for it to satisfy the requirement that it contain significant probative value.

Download the paper here: Tendency Evidence After Hughes v The Queen [2017] HCA 20 – Lizzie Mclaughlin 14 July 2017

Download the Tendency Witnesses table here: Hughes v R [2017] HCA 20 – 20 June 2017