Magistrate Belinda Wallington
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Ruling number 754.
The laws have since changed, but do not apply retroactively.
The law on consent has been replaced with a more objective test.
Was the accused belief reasonable?
Were the current laws applicable, it is possible that the result may be different.
I do want to make a few comments about the case that are not actually part of my decision I want it noted that the four complainants were brave and honest witnesses I was not persuaded that there was evidence of collusion between the complainants
The law requires me to apply the law as it stood at the time of the alleged offending that required me to apply a subjective test as to the accused's belief as to whether a complainant consented to sexual touching.
The laws have since changed but do not apply retroactively.
The law on consent has been replaced with a more objective test.
Was the accused's belief reasonable?
Were the current law applicable, it is possible that the result may have been different.
Ruling number 754.
The laws have since changed, but do not apply retroactively.
The law on consent has been replaced with a more objective test.
Was the accused belief reasonable?
Were the current laws applicable, it is possible that the result may be different.
The magistrate went on to explain that the law on consent has been replaced with a more objective test.
Was the accused belief reasonable?