Kerridge v The King

Case [2025] NTCCA 6


CITATION:Kerridge v The King [2025] NTCCA 6

PARTIES:KERRIDGE, Mathew Phillip Harrison

v

THE KING

TITLE OF COURT:  COURT OF CRIMINAL APPEAL OF THE NORTHERN TERRITORY

JURISDICTION:  CRIMINAL APPEAL from the SUPREME COURT exercising Territory jurisdiction

FILE NO:CA 14 of 2024 (21939935)

DELIVERED:  17 July 2025

HEARING DATE:  7 April 2025

JUDGMENT OF:  Southwood & Brownhill JJ & Riley AJ

CATCHWORDS:

CRIME – Appeals – Application for leave to appeal against conviction – Wrong decision on a question of law or a miscarriage of justice.

Whether trial Judge’s summing up regarding the use to be made of evidence about complainant’s motive to lie was contrary to law – Summing up was not contrary to law – Leave to appeal refused.

Whether trial Judge’s summing up regarding the use to be made of relationship evidence was inadequate – Summing up was not inadequate – Leave to appeal refused.

Criminal Code 1983 (NT) s 410, s 411

Brawn v The King (2025) 99 ALJR 872; Cooper v The King [2022] NTCCA 16; Doe v The Queen (2008) 187 A Crim R 328; Doggett v The Queen (2001) 208 CLR 343; EK v The Queen (2010) 79 NSWLR 740; F (1995) 83 A Crim R 502; Hamilton (a pseudonym) v The Queen (2021) 274 CLR 531; HML v The Queen (2008) 235 CLR 334; Hoang v The Queen (2022) 276 CLR 252; Hofer v The Queen (2021) 274 CLR 351; Huynh v The Queen (2013) 87 ALJR 434; Huxley v The Queen (2023) 98 ALJR 62; Katsuno v The Queen (1999) 199 CLR 40; KTR v The Queen [2010] NSWCCA 271; MDP v The King [2025] HCA 24; Munmurrie v Western Australia [2007] WASCA 184; RG v The Queen [2010] NSWCCA 173; Pattison v Tasmania (2017) 30 Tas R 1; South v The Queen [2007] NSWCCA 117; The Queen v E (1996) 39 NSWLR 450; The Queen v Fuge [2001] NSWCCA 208; The Queen v G [1994] 1 Qd R 540; The Queen v Maiolo (No 2) (2013) 117 SASR 1; The Queen v Uhrig (unreported, NSWCCA, 24 October 1996, Hunt CJ at CL; Weiss v The Queen (2005) 224 CLR 300; WFS v The Queen (2011) 33 VR 406; Wilde v The Queen (1988) 164 CLR 365, referred to.

REPRESENTATION:

Counsel:

Applicant:  B Lodge

Respondent:  PK Williams with LJ Auld & KL McIndoe

Solicitors:

Applicant:  Shaw Legal & Advisory

Respondent:  Office of the Director of Public Prosecutions

Judgment category:  B
Number of pages:  47

IN THE SUPREME COURT
OF THE NORTHERN TERRITORY
OF AUSTRALIA
AT DARWIN

Kerridge v The King [2025] NTCCA 6
No. CA 14 of 2025 (21939935)

BETWEEN:

MATHEW PHILLIP HARRISON KERRIDGE
               Applicant

AND:

THE KING

Respondent

CORAM:    SOUTHWOOD & BROWNHILL JJ & RILEY AJ

REASONS FOR JUDGMENT

(Delivered 17 July 2025)

THE COURT:

  1. The applicant was found guilty by a jury of 15 counts…

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Kerridge v The King [2025] NTCCA 6
Case
[2025] NTCCA 6
Decision Date

CaseChat Overview and Summary

The applicant, Kerridge, sought leave to appeal against his conviction. The appeal concerned the trial judge's summing up to the jury regarding the use of certain evidence.

The legal issues before the court were whether the trial judge's summing up was contrary to law in relation to the use of evidence about the complainant's motive to lie, and whether the summing up was inadequate concerning the use of relationship evidence.

The court found that the summing up regarding the complainant's motive to lie was not contrary to law. In relation to the relationship evidence, the court noted that such evidence is admissible for various purposes, including assessing the plausibility and coherence of a complainant's evidence, providing essential background, and explaining acquiescence to sexual abuse. The trial judge had directed the jury that the relationship evidence was admitted for a limited purpose, to assist in determining whether the complainant consented and whether the accused knew she was not consenting or was reckless. The judge cautioned the jury not to use the evidence to infer propensity or bad character, as it was only circumstantial evidence that, taken with other circumstances, could be considered in deciding guilt. The court concluded that the summing up on this issue was not inadequate.

Leave to appeal was refused.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

It follows that proposed Ground 1 would fail.Ground 2: Relationship evidence directionsThe trial Judge’s directions about relationship evidence At the trial, the Crown relied on evidence concerning the relationship between the applicant and the complainant and the conduct of the applicant towards the complainant in that relationship.[41] In particular, the Crown relied on this evidence to establish that the complainant felt that she had to acquiesce to whatever the accused wanted her to do, no matter how much she did not want to do it. Evidence of this nature, commonly referred to as ‘context’ or ‘relationship’ evidence, may be admissible for purposes other than tendency reasoning, including the following:[42](a)as affecting the plausibility of other evidence or to assess the credibility and coherence of the complainant’s evidence;(b)as essential background against which the evidence of the complainant and the accused necessarily falls to be evaluated, to show the continuing nature of the conduct and to explain the offences charged;(c)to overcome a false impression that the event was an isolated one, that the offence happened ‘out of the blue’, particularly where the acts are closely and inextricably mixed up with the history of the offence;[43](d)to ensure that the jury are not required to decide issues in a vacuum; and(e)as negativing issues raised such as accident or mistake. Such purposes also include to explain acquiescence to sexual abuse, which may otherwise be confused with consent on the part of the complainant and belief on the part of the accused that the complainant was consenting, if evidence of the full history of violence and coercion is not placed before the jury.[44] During the complainant’s evidence in chief, the trial Judge directed the jury about the use to which they could put the relationship evidence.[45] His Honour told the jury they must consider each count separately and be satisfied beyond reasonable doubt that the Crown had proven each one of them. His Honour then told the jury that evidence about the relationship was admitted only for a very limited purpose and could only be used for that purpose and for no other purpose. The purpose of the evidence was to enable the jury to make findings about certain matters to assist them as to whether they were satisfied, for example, that the complainant did not consent to the sexual intercourse with the accused the subject of the charges; to assist the jury as to whether they accepted the truthfulness and accuracy of the account which the complainant had given in relation to the alleged offences, whether or not she consented to any of the charged acts and whether or not the accused knew she was not consenting or was reckless about that. His Honour told the jury they should ask themselves what kind of relationship it was, an ordinary one or one of enmity and distrust or something else. His Honour said that, if the relationship evidence satisfies them that the relationship was one of enmity and distrust, that would be evidence from which they might infer that the complainant was not consenting and the accused must have known that. His Honour went on:[46]Whichever view you take of the relationship evidence, that evidence, by itself, doesn’t prove anything. It is a circumstance which, taken with the other circumstances in the case, you are entitled to consider in deciding whether or not the Crown has proven the elements of the offence. ...... So, you cannot leap to the conclusion that the existence of harm in the relationship – or the existence of a bad relationship, proves the accused’s guilt. It is only a piece of circumstantial evidence, although you may consider it an important piece of evidence.Now, you may think that this evidence shows other things; for example, that the accused is a person with a propensity to violence against the victim, or that he is a person of bad character or things of that kind. You are not to use the relationship evidence for these purposes because, to do so would be very prejudicial and that evidence is not probative of any fact in issue, and I direct that you must not take it into account in that manner.

Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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