R v Starrett

In the matter of R v Starrett, the appellant has appealed against his conviction on the grounds that the trial judge made several errors in the application of the law, resulting in an unsafe verdict. The first issue concerns the judge's application of section 9 of the Evidence Act 1929 (SA) in permitting the complainant, a child, to give unsworn evidence. The second issue is whether the judge erred in not directing himself that it was unsafe to convict on the uncorroborated evidence of a child. The third issue is the judge's treatment of certain medical evidence, and the fourth issue is whether the verdict was unsafe due to various factors, including the age of the complainant and inconsistencies in her evidence.

The court found that while the trial judge was entitled to form an impression of the complainant's credibility based on her demeanour, the presence of certain factors did not necessarily preclude the judge from being satisfied beyond reasonable doubt of the appellant's guilt. These factors included the age of the complainant, the absence of corroboration, and inconsistencies in her evidence. However, the court held that the trial judge erred in not directing himself that it was unsafe to convict on the uncorroborated evidence of a child, as required by section 12A of the Evidence Act 1929 (SA). This error was considered to be fundamental to the criminal trial, and the court found that the appeal should be allowed, the verdict set aside, and a retrial ordered.

The court acknowledged the difficulty in determining how a trial judge should approach the task of determining whether a proposed witness has a "sufficient understanding of the obligation to be truthful entailed in giving sworn evidence" under section 9(1) and (2) of the Evidence Act 1929. However, this question was not argued in the case and will have to await a suitable occasion to be addressed. The court emphasised the importance of ensuring the safety of verdicts in criminal trials, particularly when the evidence of a child is relied upon.