R v Landmeter

The appeal concerned a conviction for persistent sexual exploitation of a child. The appellant, Henricus Stephanus Landmeter, was found guilty by a jury of this offence, which involved alleged sexual conduct towards the complainant, RM, between 1992 and 1998, when RM was between the ages of seven and thirteen. The appeal was brought before Vanstone, Peek, and Bampton JJ of the Supreme Court of South Australia.

The appeal raised two grounds: first, whether evidence of an elaboration of an initial complaint was admissible under section 34M of the Evidence Act 1929 (SA); and second, whether the trial judge erred by failing to direct the jury regarding the use of uncharged acts, which were acts other than those specifically particularised in the information. The complainant’s evidence detailed a pattern of inappropriate hugging and kissing by the appellant over a period of approximately six years, primarily occurring at the appellant's home.

The Court of Appeal dismissed both grounds of appeal. Regarding the admissibility of the complaint evidence, the Court found that the initial conversation with the complainant's father was a proper complaint of sexual exploitation within the charged dates, capable of demonstrating consistency of conduct. The Court also held that a later conversation, despite occurring approximately six years after the initial complaint, could still be considered an elaboration of the initial complaint under section 34M(6) of the Evidence Act, as there was a sufficient connection between the two. The Court found no error in the judge's directions concerning uncharged acts, concluding that even if there had been an error in the admission of complaint evidence or the directions, no miscarriage of justice had occurred given the compelling nature of the complainant's evidence.

The appeal against conviction was dismissed.