Douglass v. The Queen

Lower Court Judgment

4/02/2011 Supreme Court of South Australia (Court of Criminal Appeal) (Gray J, Sulan J, Anderson J)

[2011] SASCFC 6

Catchwords

Criminal law — Evidence — Burden of proof — Sexual offences — Unsworn evidence — Applicant tried before a judge alone of two counts of indecent assault against his daughter ("LD") and one count of aggravated indecent assault against LD's daughter ("CD") — Applicant found not guilty of counts concerning LD and guilty of count concerning CD — LD's evidence given in form of a video under s 34CA of the Evidence Act 1929 (SA) — LD's evidence unsworn and uncorroborated — LD's evidence contradicted in court by accused’s sworn evidence — Only evidence adduced by prosecution in relation to the offence against LD was that of LD — Whether or not the burden of proof against the applicant discharged — Whether the Court of Appeal erred in considering that this case was a case of "word against word".

Short Particulars