Stubley v The State of Western Australia

HIGH COURT OF AUSTRALIAGUMMOW, HEYDON, CRENNAN, KIEFEL AND BELL JJALAN JOHN STUBLEY  APPELLANTANDTHE STATE OF WESTERN AUSTRALIA  RESPONDENTStubley v Western Australia [2011] HCA 7Date of Order:  20 October 2010Date of Publication of Reasons:  30 March 2011P29/2010ORDER1.        Appeal allowed.2.Set aside the order of the Court of Appeal of the Supreme Court of Western Australia made on 3 March 2010 dismissing the appellant's appeal against conviction and, in place thereof, order that:(a)the appeal to the Court of Appeal be allowed;(b)the convictions of the appellant be set aside; and(c)there be a new trial.On appeal from the Supreme Court of Western Australia RepresentationD Grace QC with S Vandongen for the appellant (instructed by Michael Tudori & Associates)J McGrath with D A Lima for the respondent (instructed by Director of Public Prosecutions (WA))Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSStubley v Western AustraliaCriminal law – Evidence – Admissibility and relevance – Propensity evidence – Evidence of uncharged acts – Appellant former psychiatrist charged with offences relating to sexual misconduct with two former patients – Evidence of sexual misconduct with three former patients adduced at trial – Whether trial judge erred in ruling evidence of uncharged acts had significant probative value. Criminal law – Evidence – Admissions – Appellant conceded having consensual sexual activity with both complainants – Whether concession constituted admission for the purposes of s 32 of Evidence Act 1906 (WA) – Whether concession rendered consent the only live issue...