Heathcote v The King

The appeal before the Full Court of the Supreme Court of South Australia, constituted by Bleby and David JJ and Mazza AJ, concerned a criminal conviction. The appellant, Heathcote, had been found guilty of certain offences. The central dispute revolved around alleged misdirections or non-directions by the trial judge and whether the verdict was unreasonable or insupportable having regard to the evidence.

The legal issues before the Full Court included whether the trial judge had erred in failing to direct the jury regarding the absence of cross-examination of the complainant, and whether the verdict was unreasonable or insupportable given the evidence. The Court also considered grounds relating to directions concerning a medical examination.

The Court addressed the issue of the complainant not being cross-examined by noting that this was a deliberate forensic strategy adopted by the appellant's experienced trial counsel, who chose to highlight inconsistencies in the complainant's evidence rather than confront her directly. The appellant's counsel on appeal confirmed this strategy and did not argue that it was objectively unreasonable or that the appellant had suffered a miscarriage of justice as a result. The Court also considered the complainant's evidence regarding pain and injury, noting inconsistencies in her statements during an interview.

Ultimately, the Full Court granted permission to appeal in respect of certain grounds but found that none of the grounds of appeal had been made out. Accordingly, the appeal was dismissed.