GBF v The Queen (2020) 94 ALJR 1037
- casetreasury
- Aug 2, 2024
- 2 min read
Facts: Defendant (D) was charged with seven counts of sexual offences against a minor. At first, the trial judge (TJ) gave a direction in accordance with Azzopardi v The Queen. But then went on to say, “In cases such as this where sexual misconduct is alleged by the complainant, you should approach her evidence with great care and with caution. You should scrutinise it carefully, and you need to be satisfied of its accuracy and reliability beyond reasonable doubt before you can convict… But bear in mind that she gave evidence and there is no evidence, no sworn evidence, by the defendant to the contrary of her account. That may make it easier. A false story which is very easy to fabricate and very difficult to refute.”