Angus (a pseudonym) v The King

The appeal concerned a conviction for indecent assault. The appellant, Angus (a pseudonym), was found guilty by a trial judge. He appealed his conviction to the Full Court of the Supreme Court of South Australia, arguing that the trial judge made several factual findings that were not supported by the evidence and that she provided inadequate reasons for those findings.

The central legal issues before the Full Court were whether the trial judge's factual findings were reasonably open on the evidence presented, and whether her Honour adequately explained how she accounted for a significant forensic disadvantage suffered by the appellant when assessing the prosecution's case. The appellant contended that the impugned findings were not based on witness impressions but on inferences drawn from uncontested evidence, thus affording the appellate court no lesser advantage in reviewing them.

The Full Court considered the appellant's challenge to three specific factual findings. One finding concerned the location of the alleged offending, with the trial judge finding it to be away from other guests. The appellant argued this was contrary to evidence that the area was adjacent to a garage where other men were drinking, that the area was within view from the garage, and that there was constant foot traffic through the alfresco area. The Court found that the trial judge adequately addressed the forensic disadvantage and that the factual findings were open on the evidence.

Permission to appeal was granted on several grounds, but ultimately, the Full Court dismissed the appeal.