R v R, PA

The appeal concerned an appellant charged with indecent assault offences against his younger sisters. The appeal was brought before the Full Court of the Supreme Court of South Australia, with Kourakis CJ, Nicholson and Parker JJ presiding. The central dispute revolved around the admissibility and weight of evidence, particularly concerning allegations of collusion and contamination among the complainants.

The court was required to determine whether the trial judge erred in her findings regarding the complainants' discussions about the alleged offences. Specifically, the appeal raised the issue of whether the judge's conclusion that the complainants had consistently maintained they had never discussed the details of the appellant's actions was supported by the evidence. This was crucial to the appellant's argument that the evidence was a concoction or had been contaminated by discussions between the witnesses.

The court considered the evidence presented, including the complainants' testimonies and the discreditable conduct evidence. The trial judge had found it highly improbable that the complainants would have concocted similar stories and rejected suggestions of collusion or infection of the evidence. She specifically noted that each complainant consistently maintained they had not discussed the details of the appellant's actions. The Full Court granted permission to appeal on this ground, acknowledging that the appellant's submission that the complainants had discussed details, including touching of their vaginas, warranted further consideration. However, the court ultimately dismissed the appeal on all grounds, indicating that despite granting permission to appeal on ground 1A, the overall outcome of the trial was upheld.