In R v SEI [2024] QCA 128, the Queensland Court of Appeal allowed the appellant's appeal against convictions of indecent treatment of a child under 12. The appellant had been convicted by a jury of two counts: one for exposing the child to an indecent act and another for indecently dealing with the same child. The appeal contended that a miscarriage of justice occurred due to the admission of questionable medical evidence and the Crown prosecutor's speculative remarks that the child's medical symptoms were consistent with the alleged abuse. The Court found that the Crown prosecutor's use of the impugned evidence invited the jury to speculate, unsupported by proper judicial directions. Consequently, the Court set aside the convictions and ordered a new trial on both counts.
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