R J H v Tasmania

The appeal concerned convictions for aggravated sexual assault and indecent assault. The appellant, R J H, appealed against these convictions to the Supreme Court of Tasmania.

The central legal issue before the Court was whether the trial judge had failed to adequately direct the jury regarding the restriction of evidence relating to the complainants' sexual reputations and sexual experiences. The appellant argued that this non-direction amounted to a misdirection, thereby vitiating the fairness of the trial.

The Court considered the provisions of the *Evidence Act 2001* (Tas) and relevant common law principles concerning the admissibility and use of evidence of a complainant's sexual history in sexual offence cases. The Court found that while the trial judge had not explicitly directed the jury on this specific point, the overall directions given were sufficient to ensure the jury understood the limited relevance and potential prejudice of such evidence. The Court reasoned that the jury would have understood that the case was to be decided on the evidence of the alleged offences themselves, rather than on the character or past sexual conduct of the complainants.

The appeal was accordingly dismissed.