R v Helps

This case concerned an appeal by Craig Stewart Helps against convictions for various offences, including unlawful sexual intercourse with a person under 14, aggravated indecent assault, gross indecency, and aggravated assault, against the complainant, CN. The charges arose from allegations of sexual activity and assault spanning several years, commencing when CN was approximately 10 years old. The appellant had acted in a parental role towards CN and her brother. The complainant eventually left home and later made a complaint to the police, leading to the appellant's arrest and interview.

The legal issues before the court included whether the trial judge erred in failing to direct himself on the use of evidence relating to uncharged conduct in relation to the charged offences, and whether a miscarriage of justice had occurred due to the non-disclosure of the appellant's recorded police interview. The appellant also sought to introduce fresh evidence on appeal.

The court found that while the trial judge had provided extensive directions regarding the use of evidence of uncharged conduct, which were considered sufficient in the context of the case, the failure to disclose the recorded police interview constituted a miscarriage of justice. The court reasoned that the appellant's denial of the allegations in that interview was material and its non-disclosure deprived the defence of a significant opportunity to challenge the prosecution's case. Consequently, the court allowed the appeal on this ground.

The court quashed the convictions and remitted the matter to the District Court for retrial. The court deemed it unnecessary to consider the grounds relating to fresh evidence, given the finding of a miscarriage of justice.