Police v Adel Benjamin ABRAHAM [2011] NSWLC 6

Police v Adel Benjamin ABRAHAM [2011] NSWLC 6

Taking the prosecution evidence at its highest, the accused's alleged act of taking the 17-year-old complainant's hand, rubbing her palm and saying that it meant he wanted to have sex with her, in the context of the job interview, the disparity in position, earlier touching and evidence of an erection, was capable of being found indecent by contemporary community standards and capable of supporting any necessary inference of sexual gratification. A prima facie case was therefore established.

Jurisdiction
Australia
Judgment Date
31 March 2011
Procedural Posture
Criminal Charge of Indecent Assault / Ruling on Whether There Was a Prima Facie Case at the Close of the Prosecution Case
Outcome
There is a prima facie case against the accused. After hearing, a verdict of acquittal was entered and the accused was discharged in respect of the charge.
Legal Topics
['prima Facie Case' 'indecent Assault' 'elements of Offence' 'indecency' 'evidence of Complaint' 'unrepresented Accused' 'cross Examination of Complainant']
['criminal Law' 'evidence' 'criminal Procedure'] ['prima Facie Case' 'indecent Assault' 'elements of Offence' 'indecency' 'evidence of Complaint' 'unrepresented Accused' 'cross Examination of Complainant']

Case Brief

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Procedural Posture

Criminal Charge of Indecent Assault / Ruling on Whether There Was a Prima Facie Case at the Close of the Prosecution Case

Legal Issues

  1. 1 ['Whether the prosecution evidence, taken at its highest, could lawfully support a conviction for indecent assault.' 'Whether taking hold of the complainant\'s hand, rubbing her palm and saying "do you know what this means? It means I want to have sex with you" could amount to an indecent act.' 'Whether there was evidence of an intention to obtain sexual gratification.' 'Whether the evidence of complaint should be admitted and for what purpose.']

Ratio Decidendi

Taking the prosecution evidence at its highest, the accused's alleged act of taking the 17-year-old complainant's hand, rubbing her palm and saying that it meant he wanted to have sex with her, in the context of the job interview, the disparity in position, earlier touching and evidence of an erection, was capable of being found indecent by contemporary community standards and capable of supporting any necessary inference of sexual gratification. A prima facie case was therefore established.

Court Disposition

There is a prima facie case against the accused. After hearing, a verdict of acquittal was entered and the accused was discharged in respect of the charge.

Orders

  • ['There is a prima facie case against the accused.' 'After hearing, a verdict of acquittal was entered and the accused was discharged in respect of the charge.']