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Brawn v. The King

Case No. A20/2024
Case information

Lower Court Judgment

15/09/2022 Supreme Court of South Australia (Court of Appeal) (Livesey P, Bleby and David JJA)

[2022] SASCA 96

Catchwords

Criminal practice – appeal – miscarriage of justice – prosecution duty of disclosure – where appellant found guilty of one count of maintaining sexual relationship with child – where defence case was that complainant lied about identity of abuser – where, after trial, prosecution disclosed that appellant’s father had been charged with six counts of unlawful sexual intercourse with different child – whether Court or Appeal erred in finding that breach of duty of disclosure did not lead to miscarriage of justice for purpose of s 158(1)(c) Criminal Procedure Act 1921 (SA) because appellant would not have conducted trial differently – whether Court of Appeal erred in finding appellant conceded that non-disclosure did deprive him of opportunity to adduce evidence relating to father – proper approach to ‘miscarriage of justice’ for purposes of s 158(1)(c) Criminal Procedure Act.

Documents

05/09/2024 Determination (SLA, Canberra)

17/09/2024 Notice of appeal

17/10/2024 Written submissions (Appellant)

17/10/2024 Chronology (Appellant)

07/11/2024 Written submissions (Respondent)

14/11/2024 Written submissions (Director of Public Prosecutions (Cth), seeking leave to intervene or to be heard as amicus curiae)

14/11/2024 Written submissions (Director of Public Prosecutions (NSW), seeking leave to intervene)

21/11/2024 Reply

04/12/2024 Hearing (Full Court, Canberra) (AV Recording will not be published)

04/12/2024 Outline of oral argument (Appellant)

04/12/2024 Outline of oral argument (Respondent)

04/12/2024 Outline of oral argument (Director of Public Prosecutions (Cth))

04/12/2024 Outline of oral argument (Director of Public Prosecutions (NSW))

06/12/2024 Amended written submissions (Respondent)

06/12/2024 Amended outline of oral argument (Respondent)

07/05/2025 Judgment (Judgment summary)