由此
- 5 A
A
12.
The second defence witness was the applicant’s mother
B
B
(“DW2”). Her evidence mainly concerned the whereabouts and settings
C
of the applicant’s home in 2004, which differs in many ways from the
C
description of the applicant’s “home” given by Miss X.
D
D
E
Grounds of appeal against convictions
E
F
13.
F
Mr James McGowan, who represented the applicant both
before us and in the District Court, advanced 8 grounds of appeal.
G
H
G
14.
The first four grounds centred on the evidence of Miss X.
H
The applicant complained that the learned judge (1) erred in accepting
I
Miss X’s evidence without question; (2) failed to direct himself on the
I
J
danger of acting on the unsupported evidence of Miss X; (3) failed to
J
consider the “prejudice to” the applicant caused by the lack of particularity
K
L
as to the dates in the charges and/or delay in reporting the allegation; and
(4) failed to consider the relevance of the absence of any photographs of
K
L
Miss X or any pornography in the applicant’s possession or control.
M
N
M
15.
The next three grounds centred on the evidence of the defence
N
witnesses. The applicant complained that the learned judge (5) erred in
O
P
placing “little or no weight” on the evidence of DW1; (6) failed to consider
or direct himself that the burden of disproving alibi evidence is on the
O
P
prosecution; and (7) erred in finding that DW2’s evidence had no
Q
Q
relevance.
R
R
16.
The last ground was the usual catch-all ground that the
S
convictions were unsafe or unsatisfactory.
S
T
T
U
U
V
V