Spillane v Director of Public Prosecutions (NSW)

The applicant, Spillane, appealed to the Supreme Court of New South Wales against a decision of the District Court which refused his application to re-examine the complainant on his conviction appeal. The prosecution's case at trial had depended significantly on the complainant's evidence.

The Supreme Court was required to determine whether the District Court's refusal to allow the re-examination of the complainant constituted a denial of procedural fairness. This involved considering whether the District Court failed to take into account matters supportive of the applicant's case, incorrectly assumed the existence of evidence corroborating the complainant's account, or failed to consider evidence inconsistent with that account. Furthermore, the Court had to assess whether the District Court failed to consider all elements of the offence, specifically whether there was sufficient evidence to find the conduct was "towards" another person and whether the defendant knew of the lack of consent.

The Court found that the District Court had not erred in its decision. It held that the refusal to permit re-examination did not amount to a jurisdictional error or a denial of procedural fairness. The Court concluded that the District Court had properly considered the relevant evidence and legal principles in refusing the application.

The amended summons was dismissed.