K, IC v The Queen; R v K, IC

The appeal concerned a conviction and sentence imposed in the District Court. The appellant, Mr K, was found guilty by a jury of maintaining an unlawful sexual relationship with his adopted daughter, D, between 1981 and 1985. Mr K appealed against his conviction, arguing that the trial judge erred in admitting evidence of an initial complaint made by D to a social worker and that the judge’s directions to the jury regarding this complaint were inadequate. Separately, the Director of Public Prosecutions appealed against the sentence imposed, arguing it was manifestly inadequate.

The legal issues before the Full Court of the Supreme Court of South Australia were whether the evidence of the social worker constituted admissible evidence of an initial complaint, and if so, whether the trial judge’s directions to the jury concerning this evidence were sufficient. The Court was also required to determine whether the sentence of seven years imprisonment with a non-parole period of three years and three months was manifestly inadequate for the offence of maintaining an unlawful sexual relationship with a child.

The Court dismissed Mr K’s appeal against conviction. It held that the evidence led from the social worker was properly admitted as evidence of an initial complaint, and that the trial judge provided adequate and appropriate directions to the jury on this matter. However, the Court allowed the Director’s appeal against sentence. It found the sentence imposed by the District Court judge to be manifestly inadequate, considering the nature and duration of the offending, and resentenced Mr K to 12 years imprisonment with a non-parole period of six years, with adjustments for time already served.