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No requirement for corroboration warning in historical sexual abuse case

By: Decisis

Court of Appeal dismisses an appeal against conviction for multiple counts of sexual abuse, including indecent assault, sexual assault, and rape, affirming the trial judge's decision not to issue a corroboration warning. The appellant's primary contention was that the trial judge erred by not providing a corroboration warning due to the historical nature of the allegations and the complainant's initial denial of abuse during counseling. The Court of Appeal held that the trial judge had exercised appropriate discretion and that the decision was neither legally incorrect nor patently wrong in fact, thus upholding the original conviction.

Sentence for sexual offences against minors reduced due to error in principle

By: Decisis

Court of Appeal finds an error in principle in the sentencing of a man for sexual offences against his two nieces and has consequently quashed the original sentences, imposing a new total sentence of 5 years. The original court had sentenced the man to 5 years for indecent assault and concurrent 20-month sentences for sexual assault, with the latter running consecutively to the former. The Court of Appeal determined that the headline sentence for the indecent assault was excessive and reduced it, resulting in a new sentence of 3 years for count 2 and 2 years for count 6, with no suspension of the sentence but with a 5-year post-release supervision order.

Farmland sale halted due to questionable receiver appointment validity

By: Decisis

Court of Appeal grants an interlocutory injunction to halt the sale of farmlands, questioning the validity of the receiver's appointment following a loan transfer. The original High Court decision, which refused the injunction, was challenged on the grounds that the receiver's novation was not contemporaneous with the loan transfer, potentially affecting the receiver's authority to sell the lands. The Court of Appeal found a fair issue to be tried and determined that the balance of justice favored granting the injunction, despite the appellant's significant delay in seeking relief.

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Parties who were both partially successful to bear their own costs

No requirement for corroboration warning in historical sexual abuse case

Sentence for sexual offences against minors reduced due to error in principle

Farmland sale halted due to questionable receiver appointment validity

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