BRS v The Queen (1997) HCA 47 (25 September 1997)

In this matter Greg Walsh represented the appellant in an appeal to the High Court of Australia. The appellant had been convicted of five counts of sexual assault whilst he was a teacher at a private school in Sydney. The Court of Criminal Appeal had dismissed his appeal against conviction. The appeal raised issues in respect of corroboration and character evidence and evidence of similar sexual conduct in relation to a witness and whether evidence was capable of amounting to corroboration and whether the failure by the trial judge to direct the jury as to permissible use of evidence amounted to a miscarriage of justice. The High Court by majority held that the trial judge had fallen into error in not providing directions as to these issues and the order of the New South Wales Court of Criminal Appeal was set aside and in lieu thereof the convictions were set aside and a new trial was ordered.