FFF v BBB

The appellant, FFF, sought leave to appeal against a conviction for sexual assault. The respondent, BBB, had filed an appeal against the conviction, which was dismissed by the Court of Appeal. The appellant sought leave to appeal further to the High Court of Australia. The court was required to determine whether there was a real prospect that the appeal would succeed, considering the substantial injustice test under section 140 of the Evidence Act 2008.

The court considered the sufficiency of the evidence and whether it was reliable, particularly given the delay in reporting the assaults and the potential forensic disadvantage. The court also examined the accused’s motive to lie and the presumption of innocence. The appellant argued that the judge had failed to properly consider certain issues, such as the reliability of the evidence, the forensic disadvantage, and the good character of the accused. The court referred to the Briginshaw standard for determining the weight of evidence, considering whether the proposed grounds of appeal had a real prospect of success.

The court found that the trial judge had appropriately considered the evidence, applying the Briginshaw standard. The court concluded that the appeal did not have a real prospect of success and dismissed the application for leave to appeal. The decision emphasised the importance of the trial judge’s role in assessing the credibility and reliability of evidence, particularly in cases involving sexual assault. The court held that the appeal did not meet the threshold for leave to appeal under section 140 of the Evidence Act 2008.