SUPREME COURT OF SOUTH AUSTRALIA
(Court of Appeal: Criminal)
ALLISON (A PSEUDONYM) v THE KING; R v ALLISON (A PSEUDONYM)
[2025] SASCA 33
Judgment of the Court of Appeal
(The Honourable Justice S Doyle, the Honourable Justice Bleby and the Honourable Justice David)
28 March 2025
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST ACQUITTAL
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - PARTICULAR CIRCUMSTANCES AMOUNTING TO MISCARRIAGE
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - SENTENCE
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - MAINTAINING SEXUAL RELATIONSHIP WITH CHILD AND PERSISTENT SEXUAL ABUSE OF CHILD
The respondent was charged with five counts of sexual offences against his three stepchildren, KD, AT and ISD, all of whom were under the age of 14 at the time of the offending.
The sexual offending allegedly occurred against a background of violence committed against the complainants and their mother, PT, while the respondent was living with them, between 2012 and 2017.
Following a trial by a Judge sitting without a jury, the respondent was convicted of two counts of unlawful sexual intercourse with a person under the age of 14 contrary to s 49(1) of the Criminal Law Consolidation Act 1935 (SA) ('the CLCA') against ISD (counts 4 and 5).
The respondent was acquitted of two counts of maintaining an unlawful sexual relationship with a child contrary to s 50 of the CLCA, against KD and AT (counts 1 and 3) and one count of aggravated assault contrary to s 20(3) of the CLCA against KD (count 2).
With a reduction of time served in custody and on home detention bail, and pursuant to s 26 of the Sentencing Act 2017 (SA), the Judge imposed a head sentence of 11 years and 13 days' imprisonment and fixed a non-parole period of eight years, seven months and 20 days.
The prosecution case relied substantially on similarity of account or improbability reasoning between the three complainants. There was no challenge to the admissibility of all the complainant's evidence on each of the charge(s) relating to each complainant, excluding count 2.
It was the defence case that the evidence of each complainant was not sufficiently credible or reliable to rely on beyond reasonable doubt, and any similarities in the complainants' accounts were attributable to collusion or contamination.
The Director of Public Prosecutions (SA) ('the Director') appeals against the acquittals on counts 1 and 3. The Director's sole ground of appeal complains that the Judge erred at law by failing to engage with similarity of account or improbability reasoning and did not properly consider whether any doubt entertained in respect of the complainants could be resolved by improbability reasoning.
The respondent appeals against his convictions on counts 4 and 5.
The respondent complains that the Judge failed to…
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- [2025] SASCA 33
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