Morgan (a pseudonym) v The King

[2025] VSCA 227

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Conviction appeal
4. › Inconsistent verdicts
5. › Mixed verdicts of guilty and not guilty on sexual offence charges arising from same complainant
6. › Whether verdicts represent affront to logic and commonsense
7. › Whether differences in quality of complainant's evidence across charges explain different verdicts
1. Evidence
2. › Tendency evidence
3. › Admissibility in criminal proceedings
4. › Facebook messages of sexually suggestive nature sent by accused to complainant
5. › Whether messages have significant probative value to prove sexual interest and willingness to act on it
6. › Whether probative value substantially outweighs prejudicial effect
7. › Evidence Act 2008 (Vic), ss 97(1), 101(2)

Quick Take

Sexually suggestive Facebook messages sent by an accused to a complainant are admissible as tendency evidence to prove sexual interest and willingness to act on it, and are distinguishable from privately retained photographs (as in Erikson) because sending messages constitutes direct engagement with the complainant in a sexualised fashion.

Case Details

Citation[2025] VSCA 227

CourtVSCA

JurisdictionVictoria

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Relies on1

2018The Queen v Dennis Bauer (a pseudonym)HCA 40
Mfa v RHCA 53
Mackenzie v RHCA 35
Hughes v The QueenHCA 20

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