The King v. Tsalkos

Lower Court Judgment

19/12/2024 Supreme Court of Victoria (Court of Appeal) (Emerton P; Priest, McLeish, Niall and Boyce JJA) 

[2024] VSCA 324 

Catchwords

Criminal law – evidence – where respondent convicted of rape with aggravating circumstances, kidnapping and gross indecency with a person under 16 - evidence given of complainant’s representation to another person of having been sexually assaulted – evidence led that complainant was distressed when making representation – where Court of Appeal allowed appeal and held trial Judge’s invitation to jury to use complainant’s distress as independent evidence caused substantial miscarriage of justice – whether Court of Appeal erred in finding evidence of distress not capable of being used as independent evidence without direct or causal connection between distress and alleged offending.