Edwards v The King; Piccinin v The King

This case concerned appeals by Mr Edwards and Ms Piccinin against their convictions. The prosecution case involved allegations that Mr Edwards had unlawfully caused serious harm to a neighbour, and that Ms Piccinin had assisted him in that offence. The appeals were heard by Lovell, Bleby and Kimber JJ of the Supreme Court of South Australia.

The central legal issue before the Court was whether the trial judge had misdirected the jury regarding the treatment of alleged lies told by the appellants to the police. Specifically, the appellants argued that the judge’s directions on this matter were erroneous and had the potential to improperly influence the jury's assessment of their credibility and the overall evidence.

The Court found that the trial judge's directions concerning the alleged lies were indeed problematic and could have significantly impacted the jury's evaluation of the appellants' accounts. Despite acknowledging the strength of the prosecution's evidence, the Court determined that the contest of credibility between the prosecution and the defence was so finely balanced that it could not be certain that guilt had been proven beyond a reasonable doubt, given the misdirection. Consequently, the Court declined to apply the proviso to dismiss the appeal.

The Court granted permission to appeal on the primary ground for both appellants, allowed the appeals, quashed their convictions, and ordered that the charges be remitted for retrial. Ms Piccinin's appeal against sentence was dismissed as it was considered to have no practical utility.