Lindsay v The King; Rankine v The King; Woods v The King

The case of *Lindsay v The King*, *Rankine v The King*, and *Woods v The King* concerned appeals against convictions for the V Hotel robbery. The appellants, Mr Lindsay, Mr Rankine, and Mr Woods, were convicted of this offence. The appeals were heard by the Full Court of the Supreme Court of South Australia.

The central legal issues before the Court were whether the convictions were unsafe and unsatisfactory due to a miscarriage of justice. This encompassed questions regarding the admissibility and use of evidence, specifically the admission of text messages and alleged admissions, and the sufficiency of warnings to the jury concerning the evidence. The Court also considered whether a new trial was warranted for all three appellants.

The Court reasoned that the evidence of Ms Borsi-Watson, which excluded another individual as the offender, did not directly implicate Mr Rankine and was insufficient on its own to support his conviction. The convictions relied heavily on text messages, alleged admissions, and photographic similarities. The Court determined that a specific warning, as per the rule in *Davies*, was not required in relation to Ms Borsi-Watson's evidence because it merely rebutted an alternative possibility rather than directly implicating an appellant. However, the Court ultimately concluded that a miscarriage of justice had occurred, and the proviso, which allows an appeal to be dismissed if no substantial miscarriage of justice has occurred, should not be applied.

The appeals were allowed, and a new trial was directed for all three appellants.