R v Oliver

In the case of R v Oliver, the appellant was convicted by a jury of indecent treatment and rape. The complainant testified that the offences occurred when she was nine years old. She had disclosed the alleged offending to a friend immediately after it occurred and to a school counsellor when she was 16. There were a number of inconsistencies between the complainant’s evidence and the evidence given by the friend and the school counsellor. There was also a long delay between the alleged offending and the first complaint to a person in authority. The appellant gave evidence denying he committed the offences. The court was required to decide whether the verdicts were unreasonable or could not be supported having regard to the evidence.

The court identified several aspects of the evidence that contributed to its conclusion. Firstly, there were inconsistencies regarding the location of the offending. The complainant claimed to have slept in a specific room, but other evidence contradicted this. Secondly, the contextual and physical features of the offending were questioned. Thirdly, there were inconsistencies and inadequacies in the evidence concerning the complaint. Fourthly, the long delay in reporting the offences raised concerns about the reliability of the evidence. Lastly, the appellant's sworn denial added to the doubt surrounding the case. The combined effect of these factors led the court to conclude that the verdicts were unreasonable and could not be supported by the evidence.

The court found that the evidence did not establish the complainant's claims with sufficient certainty. The inconsistencies and inadequacies in the evidence, along with the long delay in reporting the offences, created reasonable doubt about the appellant's guilt. The court held that the jury should have recognised these issues and entertained a reasonable doubt. Consequently, the court allowed the appeal, set aside the verdicts, quashed the convictions, and entered verdicts of acquittal. The final orders were delivered on 17 April 2020.