R v SCD

In the matter of R v SCD, the appellant appealed against his convictions on counts 1 and 4 of indecent treatment of a child under 12, under care. The appellant was acquitted on counts 2, 3 and 5, which related to similar charges and a charge of rape. The appeal focused on the inconsistency of the verdicts, with the appellant arguing that the acquittals on counts 2, 3 and 5 irretrievably damaged the credibility of the complainant, whose evidence was uncorroborated. The respondent argued that the jury may not have been satisfied beyond reasonable doubt of the indecency of the conduct in counts 2 and 3, and that count 5 was a non-traditional form of rape.

The court examined whether the verdicts could be reconciled, considering the trial judge's comments on the complainant's credibility, inconsistencies between her account and the clinical psychologist's evidence, and significant discrepancies in her testimony. The court concluded that there was nothing in the complainant's evidence or surrounding circumstances which rendered her evidence in relation to counts 1 and 4 more reliable. The court found that the verdicts were irreconcilable and set aside the guilty verdicts in respect of counts 1 and 4.

The court also considered whether the trial judge's refusal to admit the record of interview and the pretext telephone conversation into evidence, which contained wholly exculpatory statements, gave rise to a miscarriage of justice. The appellant argued that the evidence did not offend the hearsay rule as it was not sought to be led to prove the truth of the appellant's denials, but rather as evidence of the reaction of the accused. The court held that the evidence was inadmissible under the principles set out in Callaghan and Kochnieff, which require that self-serving statements be contained within statements containing an admission on which the prosecution seeks to rely. The court found that the refusal to admit the evidence did not give rise to a miscarriage of justice.

The final orders were that the guilty verdicts in respect of counts 1 and 4 be set aside and verdicts of acquittal be entered.