Johnson v The Queen

HIGH COURT OF AUSTRALIAKIEFEL CJ,BELL, GAGELER, NETTLE AND GORDON JJIAN DOUGLAS JOHNSON  APPELLANTANDTHE QUEEN  RESPONDENTJohnson v The Queen[2018] HCA 4817 October 2018A9/2018ORDERAppeal dismissed.On appeal from the Supreme Court of South AustraliaRepresentationM E Shaw QC with B J Doyle for the appellant (instructed by Caldicott Lawyers) I D Press SC with B Lodge for the respondent (instructed by Director of Public Prosecutions (SA))Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDS Johnson v The QueenCriminal law − Appeal against convictions − Where appellant convicted of five counts of sexual offending against single complainant being his sister − Where counts joined − Where s 34P of Evidence Act 1929 (SA) provided for admission of discreditable conduct evidence for permissible use − Where applications to have counts one and two tried separately and to prevent Crown from leading evidence of discreditable conduct against complainant dismissed − Where Crown relied upon evidence of appellant's other alleged sexual misconduct to rebut presumption of doli incapax and to show relationship between appellant and complainant − Where verdicts on counts one and three quashed on appeal − Whether evidence of appellant's other alleged sexual misconduct admissible on trial of each remaining count − Whether joinder occasioned miscarriage of justice.Evidence − Criminal trial − Sexual offences − Propensity evidence − Admissibility − Where Crown relied on uncharged acts as relationship or context evidence − Where evidence of one uncharged act improperly admitted − Whether miscarriage...