WLC v The Queen

The appeal before the Supreme Court of the Northern Territory, heard by Martin (Br) CJ, Angel and Mildren JJ, concerned a conviction for sexual offences against a child. The appellant, WLC, sought to appeal his conviction, alleging a miscarriage of justice. The Crown case, as presented to the jury, alleged that the appellant had sexually assaulted the complainant from approximately five years of age until she was seven. The complainant's mother, MA, was a key witness, testifying to witnessing some assaults and participating in others, and also alleging she was subjected to significant abuse by the appellant.

The legal issues before the Court of Appeal included whether there had been a misdirection to the jury regarding the use of evidence of a "guilty passion" as corroboration, and whether the appellate court should admit fresh evidence. The appellant also contended that a miscarriage of justice had occurred.

The Court considered the evidence presented at trial, including the complainant's testimony and that of her mother, MA, who had initially provided a statutory declaration denying the allegations but later retracted it and provided a detailed account of the appellant's abuse of both herself and the complainant. The Court analysed the directions given to the jury concerning the corroborative value of certain evidence, particularly in relation to the concept of a "guilty passion." The Court ultimately found no misdirection and dismissed the appeal.

The appeal was dismissed.