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Supreme Court dismisses appeal from Court of Criminal Appeal concerning criminal conviction where background evidence was admitted which tended to show the bad character of the accused.
Denham J (majority decision): Protection of fair trial – repeated incidents constituting virtually one offence – “grooming” of victim – “web of abuse” – whether evidence so closely entwined and involved with the evidence directly relating to the facts in issue that it would amount to a distortion to attempt to edit it out – direction to jury – test to be applied.
O’Donnell J (concurring): Effect of overwhelmingly lengthy indictment – effect of inadmissibility of bad character evidence – “forbidden type of inference” – acts so closely and inextricably mixed up as to form part of once chain of relevant circumstances.
Fennelly J (dissenting): Criminal trial – Central Criminal Court – Indecent assault – sexual assault – rape – alleged offences between 1989 and 1997 – complainant aged 9 at date of earliest allegation – evidence of previous misconduct – Court of Criminal Appeal - section 29 of the Courts of Justice Act, 1929 (as amended) – question of law of exceptional public importance – whether “evidence of connected background history” admissible – whether “part of the transaction the subject of the indictment” – “background evidence” – whether evidence helpful to the jury.
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