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Woods, Robert (a pseudonym) v The Queen [2021] VSCA 105

Victorian Court of Appeal
Kaye and Niall JJA

Woods, Robert (a pseudonym) v The Queen

Judgment Date: 
27 April 2021

CRIMINAL LAW - Appeal - Conviction - Applicant convicted of one charge of incest - Whether prosecutor's address to jury reversed onus of proof - Whether evidence of deterioration in complainant's behaviour post-abuse was irrelevant and unfairly prejudicial - Whether trial judge should have directed jury that commission by the applicant of the charged act was required to be voluntary, conscious, deliberate and intentional - Expert evidence adduced as to counter-intuitive behaviour of abused children - Whether expert evidence regarding conduct of complainant admissible - Whether miscarriage of justice - Whether jury verdict unsafe and unsatisfactory - Leave to appeal granted - Appeal dismissed - R v AJS (2006) 12 VR 563, MG v The Queen (2010) 29 VR 305 distinguished.

CRIMINAL LAW - Appeal - Procedure - Application for extension of time to file application for leave to appeal against conviction - Two grounds of appeal reasonably arguable - Extension of time granted.