R v K, GA

This matter concerned an appeal by the applicant, R, against his conviction for offences committed against a complainant who was between approximately three years and six months and four years and six months old at the time. The alleged offences occurred over a period of about nine months prior to April 2013, and further communications were alleged to have occurred between July 2013 and February 2015. The appeal was heard by Vanstone, Kelly, and Parker JJ.

The central legal issues before the court were whether certain letters written by the applicant to the complainant were improperly admitted as evidence at trial. Specifically, the court considered whether these letters, which were placed by the applicant in sleeves attached to a dolls' house and a bedroom drawer, should have satisfied the test set out in s.34P(2) of the relevant Act, and whether their probative value was sufficient to be admitted even if they constituted discreditable conduct.

The court reasoned that the letters were properly admitted as part of the circumstantial case against the applicant for both counts. It was held that the letters did not need to satisfy the specific test in s.34P(2) of the Act. Furthermore, even if the letters were considered discreditable conduct, their probative value was such that they would have met the threshold for admission in any event. The court therefore granted permission to appeal in respect of this ground but ultimately dismissed the ground of appeal.