Hamra v The QueenCitation:[2017] HCA 38Before:Kiefel CJ, Bell, Keane, Nettle, Edelman JJDate:13 Sep 2017Case Number:A14/2017Read more

The court held that the evidence was sufficient to identify two or more acts of sexual exploitation, and the case could proceed.

Parties: Applicant: Unknown (Prosecution); Respondent: Unknown (Accused)
Jurisdiction: Australia
Judgment Date: 13 September 2017
Procedural Posture: Criminal Appeal / Judgment
Outcome: Appeal allowed
Legal Topics: Persistent Sexual Exploitation of a Child, Particularity of Charges, Permission to Appeal

Case Brief

Summary, issues, holding and outcome

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Unknown (Prosecution)

Applicant

Unknown (Accused)

Respondent

Criminal Appeal / Judgment

1 Whether the generalised nature of the complainant's evidence prevented identification of two or more acts of sexual exploitation as required by s 50 of the Criminal Law Consolidation Act 1935 (SA)
2 Whether there was no case to answer due to lack of particularity
3 Whether the majority of the Court of Criminal Appeal failed to consider the question of permission to appeal

The court held that the evidence was sufficient to identify two or more acts of sexual exploitation, and the case could proceed.

Appeal allowed