Simpson (a pseudonym) v The King

The appeal concerned a conviction for maintaining a sexual relationship with a child and persistent sexual abuse of a child. The appellant, who did not give evidence at trial, was accused of exposing himself to his stepdaughter, B, and asking her to touch his penis. B testified that she told her sister, S, about the incident in a hypothetical manner, stating that if such an event had occurred, would S tell their mother. S denied discussing the appellant's alleged conduct with her sisters.

The legal issues before the Full Court of the Supreme Court of South Australia were whether the trial judge erred in admitting evidence of the hypothetical conversation between B and S, and whether the trial judge failed to provide adequate reasons for admitting that evidence. The Court was required to determine if the admission of this evidence constituted a miscarriage of justice.

The Court reasoned that the hypothetical conversation, while not a direct disclosure, was admissible as it provided context for B's subsequent actions and her initial reluctance to report the incident. The Court found that the trial judge had properly considered the potential prejudice and probative value of the evidence, and that the reasons provided for its admission, though brief, were sufficient in the circumstances. The Court concluded that the admission of the evidence did not occasion a miscarriage of justice.

Permission to appeal was granted on both grounds, but the appeal was ultimately dismissed.