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Conviction for sexual assault of younger brother by elder sister is upheld on appeal

By: Hannah Godfrey BL

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Court of Appeal dismisses appeal against conviction for sexual assault of younger brother by elder sister, on the grounds that: (a) there had been no basis for the jury to be discharged; and (b) on the basis of the trial judge's charge, the jury could not have been in the least doubt as to the standard of proof that applied.

Appeal against conviction for four counts of sexual assault - appellant found not guilty of remaining six counts on the indictment - complainant is brother of appellant - appellant older by twelve years - complainant nine years old when offending behaviour began - offences took place in family home and, on one occasion in a hotel on a family trip - whether trial judge erred in refusing to discharge the jury - whether trial judge erred in the manner in which he charged the jury as to the standard of proof in the case and in refusing to re-charge the jury following requisition being made to him on this issue by counsel.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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