Hamilton v The Queen (2021) 290 A Crim R 570

Facts: Defendant (D) was convicted of 10 counts of aggravated indecent assault committed on separate occasions against 3 children (Cs). D counsel did not seek to have the counts tried separately; rather, as strategy, invited jury to consider all Cs’ evidence and in totality, conclude the Cs fabricated their allegations at the urging of their mother (D’s former wife). D counsel had not sought an anti-tendency direction but did secure a Murray direction (jury could not convict on any count unless satisfied beyond reasonable doubt that each C’s evidence was honest/reliable re each of the counts concerning that C). The trial judge (TJ) also directed that jury were required to give separate consideration to each count.

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