Kotz v The Queen

The appeal concerned a conviction for maintaining an unlawful relationship with a child and indecent assault. The appellant, Mr Kotz, was convicted in a trial before a judge without a jury. The appeal was brought before the Supreme Court of South Australia.

The legal issues before the court included whether the trial judge erred in assessing the credibility and reliability of the complainants' evidence, whether the onus of proof had been properly applied, and whether the verdict was unreasonable or insupportable having regard to the evidence. A further issue related to the cross-admissibility of evidence concerning uncharged acts.

The court considered the appellant's submissions that the trial judge failed to adequately address the reliability of the complainants' evidence, particularly in light of alleged inconsistencies. The court found that while inconsistencies existed, they were not of such a nature as to preclude the judge from making a finding that the offences were proved beyond reasonable doubt. The court noted that there was some supporting evidence for the complainants' accounts and concluded that there was no reason to doubt that the charged offences were committed. The court also addressed the cross-admissibility of evidence, noting that the judge had correctly limited its application to specific instances.

The appeal against conviction was dismissed on all grounds.