Barry (a pseudonym) v The King

The appeal concerned a conviction for offences against the person, specifically maintaining a sexual relationship with a child and persistent sexual abuse of a child. The appellant, identified pseudonymously as Barry, appealed his conviction to the Full Court of the Supreme Court of South Australia. The dispute centred on the reliability of the complainant's evidence, particularly in light of inconsistencies regarding the number of sexual encounters and a delayed disclosure of one specific act.

The legal issues before the Full Court included whether the trial judge erred in admitting and relying upon the complainant's evidence, despite acknowledged inconsistencies and omissions. Specifically, the court had to determine if these discrepancies, when weighed against other evidence, rendered the complainant's testimony unreliable to the point of constituting a miscarriage of justice. The appeal also raised questions about the admissibility and weight of credibility evidence, particularly in the context of sexual abuse allegations involving a child.

The Full Court rejected the ground of appeal concerning the alleged miscarriage of justice. The judges reasoned that while the trial judge correctly identified significant inconsistencies in the complainant's account regarding the frequency of sexual intercourse and the timing of disclosure, these were not determinative. The trial judge, having given himself a direction to scrutinise the complainant's evidence with great care, found her presentation to be highly convincing. Crucially, the court found that text messages between the appellant and the complainant, which were admitted as evidence, provided significant support for the complainant's account of the relationship being characterised by manipulation. These messages demonstrated a pattern of behaviour by the appellant that was consistent with the complainant's description of his manipulative tactics, thereby bolstering the plausibility and reliability of her testimony regarding the offending. The court concluded that these messages rebutted any suggestion that the complainant's account was implausible, given the nature of the relationship and the appellant's position as an adult.

Permission to appeal was granted, but the appeal itself was dismissed.