Kane (a pseudonym) v The King

The appeal concerned a conviction for sexual assault. The appellant, Kane (a pseudonym), was found guilty by a jury. The complainant, during cross-examination, volunteered evidence alleging that the appellant had spread invasive images of her. This evidence was introduced in response to defence suggestions that the complainant's departure from the appellant was motivated by a desire to be with another man, Mr H, and not by the appellant's alleged violence.

The central legal issue before the court was whether the verdict of guilt in relation to Count 4 was unreasonable or insupportable, having regard to the evidence. This involved considering the admissibility and impact of the complainant's unsolicited evidence regarding the invasive images and the adequacy of the directions given to the jury concerning this evidence.

The court found that Ground 3 of the appeal had been made out. The reasoning focused on the fact that the complainant's evidence about the invasive images was volunteered late in cross-examination and was not directly related to the charges of sexual assault. The court determined that the verdict of guilt on Count 4 was unreasonable in light of this evidence and the circumstances in which it was introduced.

Consequently, the appeal was allowed on Ground 3. The conviction on Count 4 was set aside and replaced with a verdict of acquittal. The appeal was otherwise dismissed.