10 Sept 2025
On rehearing the court was satisfied beyond reasonable doubt that the complainant's account of two forced kisses and resistance was credible and that the magistrate's findings were justified; the inconsistencies identified were immaterial or explained and no reasonable mistaken belief of consent could be found, therefore conviction for indecent assault must be affirmed.
9 Sept 2003
The Court held the Magistrate did not err: there was insufficient evidence to make a defence of genuine but mistaken belief a live issue and, in any event, the Magistrate's findings properly concluded on the facts that the appellant could not genuinely have believed there was consent; appeal dismissed and convictions upheld.
1 Oct 1996
The Court held the summing-up adequately identified genuinely held belief as a complete defence and did not require the judge to elaborate further where that defence was not a live issue on the sharply conflicting factual accounts; no misdirection occurred and the convictions were safe.