MDP v The King

HIGH COURT OF AUSTRALIAGAGELER CJ,GORDON, EDELMAN, STEWARD, GLEESON, JAGOT AND BEECH‑JONES JJMDP  APPELLANTANDTHE KING  RESPONDENTMDP v The King[2025] HCA 24Date of Hearing: 3 December 2024Date of Judgment: 18 June 2025B72/2023ORDER1.Grant special leave to appeal to raise grounds 2 to 4 of the amended notice of appeal filed on 14 June 2024.2.Appeal allowed.3.Set aside the order made by the Court of Appeal of the Supreme Court of Queensland on 27 June 2023 and, in its place, the appellant's appeal to the Court of Appeal be allowed, his convictions set aside, and a new trial ordered.On appeal from the Supreme Court of QueenslandRepresentationS C Holt KC with S J Hedge for the appellant (instructed by Jasper Fogerty Lawyers)G J Cummings with S J Muir for the respondent (instructed by Office of the Director of Public Prosecutions (Qld))R J Sharp KC with T M Wood for the Commonwealth Director of Public Prosecutions, intervening (instructed by Office of the Director of Public Prosecutions (Cth))B A Hatfield SC with E R Nicholson for the Director of Public Prosecutions (NSW), intervening (instructed by Solicitor for Public Prosecutions (NSW))Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSMDP v The KingCriminal practice – Appeal – Wrong decision on question of law – Where appellant convicted of sexual offences – Where Crown led evidence of appellant smacking complainant's backside as evidence of sexual interest – Where direction to jury permitted use of that evidence as propensity...