PW v The Queen

The appellant, PW, appealed against his conviction in the Supreme Court of Victoria for one count of maintaining a sexual relationship with a child in circumstances of aggravation and one count of aggravated assault. The appeal concerned whether the jury's verdict was unreasonable or could not be supported having regard to the evidence.

The Court of Appeal was required to make an independent assessment of the whole of the evidence to determine if there was a reasonable doubt as to the appellant's guilt. This involved considering whether the jury's advantage in seeing and hearing the witnesses give evidence was capable of resolving any doubt experienced by the appellate court. The Court also considered whether evidence was presented to the jury contrary to the trial judge's ruling, which carried a significant risk of an impermissible inference that the appellant's conduct caused the complainant's deterioration in behaviour and mental health, leading to her hospitalisation.

The Court found that the complainant's evidence contained inconsistencies and implausibilities, particularly regarding the genesis of a letter and the details of alleged insertions. These factors, combined with the shifting nature of her accounts and doubts cast by Facebook messages, led the Court to conclude that there was a genuine doubt about the appellant's guilt on both counts. The Court held that these doubts ought to have been experienced by the jury and were not overcome by the jury's advantages. Furthermore, the Court found that evidence was presented in re-examination and submissions that risked creating an impermissible causal link between the alleged offending and the complainant's mental health deterioration, contrary to the trial judge's ruling.

Consequently, the Court allowed the appeal, set aside the appellant's convictions, and ordered that the appellant be acquitted.