Jonkers v Police

The Supreme Court of South Australia presided over the case of Jonkers v Police, in which the appellant, Jonkers, contested a conviction for indecent assault of a fifteen-year-old girl, Carrie Strong, at Semaphore Park. Jonkers pleaded not guilty to the charge, and the case proceeded to the Magistrates Court at Port Adelaide, where he was ultimately convicted and sentenced to a bond of good behaviour. Dissatisfied with the outcome, Jonkers appealed to the Supreme Court on several grounds, including the admission of evidence of distress, the complaint made by the alleged victim, the lack of reasons for rejecting his evidence, the admission of the so-called confession, and the overall safety of the finding of guilt.

The legal issues before the Supreme Court revolved around the admissibility and weight of certain evidence, including the complainant's distress, the timing of her complaint, and the voluntariness of the appellant's admissions. The Court had to consider whether the Magistrate erred in admitting and assessing the credibility of this evidence, and whether such errors affected the safety of the conviction.

In its decision, the Supreme Court found that the Magistrate did not err in taking into account the evidence of distress, as it was used to support the credibility of the witness rather than as corroboration. The Court also upheld the Magistrate's decision to admit the complaint, noting that the timing of the complaint was not necessarily determinative of its admissibility, provided that the judge applied the right principles and directed their mind to the right questions. However, the Court found that the Magistrate erred in admitting the appellant's admissions, as they were made under undue pressure from Mrs. Ottens, who was in a position of authority and effectively in loco parentis to Carrie. The Court concluded that these admissions were involuntary and should have been excluded, impacting the assessment of the appellant's credibility and denials of guilt.

Based on the findings, the Supreme Court allowed the appeal, set aside the conviction, and remitted the charge for rehearing before another Magistrate.