R v England

The appeal concerned a conviction for indecent assault, arising from an incident during the appellant's employment as a masseur. The victim, a 20-year-old woman, alleged that the appellant had indecently assaulted her during a massage. The appellant did not give evidence. The appeal was heard by the Full Court of the Supreme Court of South Australia, comprising Kourakis CJ, Stanley and Nicholson JJ.

The legal issues before the Court were whether the trial judge had adequately directed the jury regarding the defence case, and whether the evidence of a complaint made by the victim to her mother was admissible under section 34M of the Evidence Act 1929 (SA). Specifically, the appellant argued that the complaint to the mother was not an "initial complaint" or an elaboration thereof, and therefore inadmissible.

The Court, in dismissing the appeal, held that the trial judge's directions to the jury adequately conveyed the substance of the defence case in the context of the entire trial. Regarding the complaint evidence, the Court found that the complaint to the victim's mother constituted an elaboration of the initial complaint made to a friend, K, and was therefore admissible under section 34M. The Court clarified that the admissibility of such a complaint is a matter for the judge, and that section 34M permits a single complaint, which may include elaborations, to be admitted. The judge's direction to the jury, in accordance with section 34M(4), was deemed sufficient.