Duckett v The King

The Supreme Court of South Australia, constituted by Kourakis CJ, S Doyle and Bleby JJ, considered an application for permission to appeal by the applicant, Duckett. The dispute arose from a criminal trial where the applicant was convicted of rape. The application for leave to appeal raised two grounds: first, whether the trial judge erred by failing to direct the jury on the alternative verdict of attempted rape, and second, whether the judge erred in admitting expert evidence from a forensic nurse concerning the potential causes of the complainant's injuries.

The court was required to determine whether, on the evidence presented at trial, a jury could have reasonably concluded that the applicant was guilty of attempted rape. This involved assessing whether the factual basis for such a verdict was sufficiently established. Additionally, the court had to consider whether the forensic nurse possessed the necessary specialised knowledge to offer an opinion on the causes of the complainant's injuries and whether her opinion was supported by an adequate factual foundation, as required by the principles governing expert evidence at common law.

Regarding the first ground, the court found that there was an evidential gap concerning the elements of attempted rape, and therefore, a verdict of attempted rape was not reasonably open to the jury. Consequently, leave to appeal was granted on this ground, but the appeal was dismissed. On the second ground, concerning the expert evidence, the court acknowledged the applicant's submissions regarding the nurse's qualifications and the factual basis for her opinion. However, after considering her extensive qualifications and experience in forensic examinations following sexual assaults, the court concluded that her evidence was admissible. Leave to appeal was granted on this ground, but the appeal was also dismissed.