R v K No. SCCRM-96-404 Judgment No. 6193 Number of pages - 13 Criminal law (1997) 68 SASR 405

(1997) 68 SASR 405; [1997] SASC 6193

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Interrogate

Catchwords

1. Criminal Law
2. › Jurisdiction, practice and procedure
3. › Summing up
4. › Directions to jury
5. › Delay in complaint
6. › Whether direction regarding inferences open to jury as to credit of complainant required
7. › Whether failure to warn constituted error of law
1. Criminal Law
2. › Jurisdiction, practice and procedure
3. › Summing up
4. › Directions to jury
5. › Evidence of uncharged acts
6. › Whether jury adequately directed as to use and non-use of evidence of other acts of indecency
7. › Criminal Law Consolidation Act (SA), s 56, s 49(1)
1. Criminal Law
2. › Jurisdiction, practice and procedure
3. › Summing up
4. › Majority verdicts
5. › Whether trial judge erred by informing jury of power to return majority verdict during summing up
1. Criminal Law
2. › Jurisdiction, practice and procedure
3. › Appeal against conviction
4. › Unsafe or unsatisfactory verdict
5. › Whether evidence sufficient to support verdicts of guilty

Quick Take

A warning about delay in complaint in sexual offence cases must be given with the authority of the judge (not merely as a reminder of counsel's submissions), must address the significance of delay and the reasons why delay might be significant, and must relate the underlying principles to the facts of the particular case. The circumstances of the complaint (including whether it was elicited by questioning) may also require specific direction. It is not impractical or improper to inform a jury during the summing up of their power to return a majority verdict, but the emphasis should be on unanimity.