13 Feb 2004
The magistrate's findings that the appellant intentionally committed an indecent assault and that the accused's explanation of accidental touching was rejected were supported by the evidence and transcript; she had addressed the intention/indecency element adequately and there was no sufficient basis to regard the conviction as unsafe; appeal dismissed.
23 Nov 1999
The magistrate did not err: corroboration is not required for the offence, two eyewitnesses provided sufficiently consistent independent accounts, and the magistrate properly evaluated and accepted their evidence, so the conviction is upheld.
30 Mar 1984
Magistrate was entitled to accept the informer's evidence despite inherent risks; the undisputed portions of the taped telephone conversation and surrounding conduct provided sufficient support for the conviction; on review the appellate judge found no substantial or lingering doubt about the safety of the conviction and dismissed the appeal.
20 Jul 1972
The conviction on Count 3 (indecent assault based on unsworn child evidence) was quashed because the unsworn witness's evidence required statutory corroboration which was absent; the trial judge erred in directions on what constituted corroboration and in treating confirmation of intercourse alone as a material particular proving rape. Where identity or intercourse or lack of consent are disputed, corroboration must relate to the material particular distinguishing criminal conduct (lack of consent) and the evidence here supported substitution to convictions for carnal knowledge of a girl unde…
26 Jul 1971
Conviction was maintained but the appeal against sentence was allowed because the prosecution should not have been instituted in circumstances where the only evidence was the accused's uncorroborated confession in breach of DPP instruction; depriving the juvenile of liberty on that basis was wrong in principle and the proper substitute sentence was an absolute discharge.