In a judge-alone criminal trial in South Australia, the trial judge must address the principal contested issues raised by the defence, including specific inconsistencies between complainant accounts and the defence arguments, and must explain why doubt on one count does not flow through to related counts. A general finding that complainants were honest and reliable is insufficient where there are significant inconsistencies in their evidence. Where the failure to give adequate reasons leaves the judge's findings inscrutable on major contested issues, the proviso cannot be applied because the appellate court's capacity to discharge its function is frustrated.
The full text is available to signed-in members, including the 1 later case that cites this judgment.
1 of the 1 citing case carries a classified treatment. How each court treated it is available to signed-in members.