Hamra v. The Queen

Lower Court Judgment

8/12/2016 Supreme Court of South Australia (Court of Criminal Appeal) (Kourakis CJ, Kelly J, Peek J, Nicholson J & Lovell J)

[2016] SASCFC 130

Catchwords

Criminal law – Persistent sexual exploitation of child under Criminal Law Consolidation Act 1935 (SA) s 50 – Where trial judge held no case to answer because allegations of generalised nature such that it was not possible to identify two or more proved sexual offences within meaning of s 50 – Where Court of Criminal Appeal quashed acquittal and remitted matter for retrial – Whether s 50 requires proof of commission of two or more prescribed sexual offences on particular occasions – Whether Court of Criminal Appeal failed to address appellant’s submission that respondent’s appeal should not be granted having regard to considerations relating to double jeopardy.

Short particulars