Kendall v The King

The case of *Kendall v The King* concerned an appeal to the Full Court of the Supreme Court of South Australia. The appellant, Kendall, was appealing his conviction for offences relating to the sexual abuse of a child. The complainant alleged that the appellant, who was in a relationship with her mother and acted as a father figure, commenced sexually touching her from approximately 2006 when she was eight or nine years old. The offending, which included digital penetration and causing the appellant to masturbate, allegedly continued until 2016.

The primary legal issues before the Full Court were whether the trial judge had misdirected the jury in relation to the elements of the offences and whether this constituted a miscarriage of justice. Specifically, the appeal grounds concerned the judge's summing up to the jury, with the appellant arguing that certain directions or lack thereof led to an unfair trial.

The Full Court acknowledged the evidence presented at trial, including inconsistencies in the complainant's evidence regarding the timing of certain events and the receipt of a puppy. However, the Court ultimately found that despite these issues and the grounds of appeal raised, the appeal should be dismissed. The Court granted permission to appeal on all grounds but concluded that no miscarriage of justice had occurred.