Brawn v The King

Criminal practice – Appeal – Irregularity in criminal trial – Where principal issue at trial was whether perpetrator was appellant or another adult member of complainant's community – Where after trial prosecution disclosed appellant's father had been charged with sexual offences against another child – Where appellant appealed conviction on ground that there had been a miscarriage of justice – Where Court of Appeal of Supreme Court of South Australia found prosecution breached prosecution's common law duty of disclosure – Where Court of Appeal found no miscarriage of justice because appellant did not demonstrate that defence would have been conducted differently but for breach of duty of disclosure – Whether Court of Appeal erred in finding no miscarriage of justice – Whether error or irregularity must be material to establish miscarriage of justice.

Words and phrases – "all relevant evidence", "appeal", "burden", "categories of potential miscarriages of justice", "character evidence", "common form criminal appeal provision", "concession", "conviction set aside", "could realistically have affected the reasoning of the jury to a verdict of guilty", "disclosure after the trial", "duty of disclosure", "error or irregularity", "fanciful or improbable", "final address", "forensic utility", "fundamental", "identity of the perpetrator", "informing a relevant line of inquiry", "maintaining an unlawful sexual relationship with a child under the age of 17 years", "materiality", "miscarriage of justice", "negative proposition", "new trial ordered", "opening address", "perpetrator", "proviso", "third limb".

Criminal Procedure Act 1921 (SA) – s 158.