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Court of Appeal overturns an acquittal in a sexual assault case involving a minor, determining that the trial judge erred in directing the jury to issue a not guilty verdict. The original decision was based on the belief that the necessary proofs for the assault element of the charge were not established, as the contact was initiated by the complainant, a child, upon the defendant's invitation. The appellate court found that the trial judge incorrectly applied the law, as the evidence suggested a reasonable jury could find the defendant guilty of sexual assault, regardless of who initiated the physical contact. The case will be retried, focusing on whether the defendant's actions constituted sexual assault in indecent circumstances.
Sexual assault - acquittal - retrial - Court of Appeal - jury direction - error in law - Criminal Law (Rape) (Amendment) Act 1990 - consent - minor - compulsion - force - impact - Fairclough v. Whipp - D.P.P v. F.N. - Non-Fatal Offences Against the Person Act 1997 - Criminal Law Amendment Act 1935 - indecent circumstances - power dynamics - child sexual abuse.
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