Johnson v. The Queen
Case No.
A9/2018
Case Information
Lower Court Judgment
24/11/2015 Supreme Court of South Australia (Court of Criminal Appeal) (Sulan J, Peek J & Stanley J)
Catchwords
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.
Documents
16/02/2018 Hearing (SLA, Brisbane v/link Adelaide)
02/03/2018 Notice of appeal
06/04/2018 Written submissions (Appellant)
06/04/2018 Chronology (Appellant)
04/05/2018 Written submissions (Respondent)
25/05/2018 Reply (Appellant)
20/06/2018 Hearing (Full Court, Perth)
20/06/2018 Outline of oral argument (Appellant)
20/06/2018 Outline of oral argument (Respondent)
17/10/2018 Judgment (Judgment summary)