R v P, S

This matter concerned an appeal against convictions for sexual offences. The appeal was heard by Nicholson, Parker and Lovell JJ of the Supreme Court of South Australia, Court of Criminal Appeal.

The central legal issues before the Court were the admissibility of complaint evidence in sexual offence trials, particularly in light of section 34M of the *Evidence Act 1929* (SA), and whether the improper admission of such evidence constituted a miscarriage of justice. The Court was required to determine the proper application of section 34M, which governs the admissibility of evidence relating to complaints made by alleged victims of sexual offences, and to assess whether the jury's verdict may have been affected by the evidence that was ultimately withdrawn.

The Court considered the principles distilled from its previous decisions regarding complaint evidence under section 34M, noting that the admissibility of evidence as an "initial complaint" depends on a close examination of the facts, including to whom the complainant spoke, when, and what was said. The Court found that the adduction of complaint evidence, even though subsequently withdrawn from the jury, gave rise to a miscarriage of justice because there was a reasonable possibility that this evidence may have affected the verdict.

Consequently, the Court granted permission to appeal, allowed the appeal on the basis of the first ground, set aside all five convictions, and remitted the matter to the District Court for a new trial.