Full Court Minute Books

Case A9/2018

Johnson v. The Queen

Case No.


Case Information

Lower Court Judgment

24/11/2015 Supreme Court of South Australia (Court of Criminal Appeal) (Sulan J, Peek J & Stanley J)

[2015] SASCFC 170


Criminal law – Evidence – Probative value – Doli incapax – Where jury convicted appellant of five counts of sexual offences against younger sister – Where Court of Criminal Appeal quashed convictions in respect of count 1 (“shed incident”) because prosecution failed to rebut presumption of doli incapax and count 3 (persistent sexual exploitation) because evidence did not identify any particular act – Where Court of Criminal Appeal upheld remaining convictions –  Whether Court of Criminal Appeal erred by failing to set aside remaining convictions because evidence led in respect of courts 1 and 3 inadmissible in respect of other counts or permissible use not sufficiently identified – Whether Court of Criminal Appeal erred in failing to find substantial miscarriage of justice.


16/02/2018 Hearing (SLA, Brisbane v/link Adelaide)

02/03/2018 Notice of appeal

06/04/2018 Written submissions (Appellant)

04/05/2018 Written submissions (Respondent)

25/05/2018 Reply (Appellant)

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