JJP v The Queen

The appeal concerned a conviction for maintaining a sexual relationship with a child and persistent sexual abuse of a child. The appellant, JJP, was accused of several acts of sexual offending against the complainant, who was aged between five and six years at the time of the alleged offending. The case came before the Full Court of the Supreme Court of South Australia.

The legal issues before the court included whether the trial judge had adequately directed the jury regarding the defence of accidental or innocent touching for hygiene or medicinal purposes, and whether the particularisation of acts in one of the allegations and the prosecution's conduct of the case in relation to that allegation were uncertain. The court also considered whether the complainant's sworn evidence was admissible without a specific inquiry into her understanding of the obligation to be truthful, and whether opinion evidence given by the complainant's mother was improperly admitted.

The Full Court allowed the appeal on grounds relating to the jury directions and the particularisation of the allegations. Kelly P, writing for the majority, found that the jury had not been adequately instructed on the need to reject the defence's assertions of innocent touching before finding the appellant guilty of indecent acts. Doyle JA agreed with these reasons and also rejected the grounds of appeal concerning the complainant's sworn evidence and the mother's opinion evidence.

Consequently, the Full Court quashed the conviction and ordered a retrial in the District Court. Permission to appeal was granted on several grounds, but the appeal was ultimately allowed on specific grounds related to the adequacy of jury directions and the certainty of the prosecution's case.