Legg v R

Judgment

1. [1]

   THE COURT (DELIVERED BY SIMPSON J): The appellant appeals against his conviction on 11 November 2011 in respect of a charge of persistent sexual abuse of a child brought under s 66EA(1) of the Crimes Act 1900. Four grounds of appeal were identified, the most substantial of which (that the verdict was unreasonable) was at the hearing abandoned.

2. [2]

   The first ground of appeal concerns the procedures undertaken by the trial judge in allowing the complainant to give unsworn evidence. Detailed submissions concerning this ground were placed in writing before the Court and the Crown has conceded that the ground is substantiated and that, as a result, the appeal against conviction should be allowed, the conviction quashed and a new trial ordered. That being the case counsel for the appellant did not seek to press the remaining pleaded grounds.

3. [3]

   All members of the Court have read the written submissions and the concession made by the Crown and are satisfied that the concession is properly made and ought to be accepted by the Court.

4. [4]

   Accordingly, the orders of the Court are the appeal is allowed, the conviction is quashed and a new trial is ordered.