R v Thomas

The appeal concerned convictions for sexual offences against a child. The appellant, a trusted family friend, was accused by the complainant of sexual abuse over a period of approximately six years, commencing when the complainant was six years old. The alleged offences included indecent assault, fellatio, and digital anal penetration. The appellant denied all allegations under oath at trial, but a jury convicted him on all counts. The appeal was heard by Sulan, Stanley and Lovell JJ.

The central legal issues before the court revolved around the conduct of the cross-examination of the appellant and the potential for misdirection or non-direction to the jury. Specifically, the court considered whether questions posed to the appellant during cross-examination improperly invited him to state whether other witnesses were lying, rather than simply to contradict their evidence. The court also considered the general principles governing directions to a jury regarding evidence of propensity, tendency, and coincidence, and the proper handling of complaint evidence.

The court applied the principle established in *R v Leak*, which prohibits asking a witness, particularly the accused, whether another witness is lying or has invented something. While a witness can be asked if another witness's statement is true or if there is a reason for hostility, they should not be compelled to speculate on the reasons for any inaccuracy, such as invention, malice, or mistake. Such questions elicit opinion evidence, and it is the jury's role to determine credibility and the nature of any inaccuracies. The court found that counsel should not ask questions that contravene this principle.

The court concluded that all grounds of appeal should be dismissed.