Forsti v The Queen

[2012] ACTCA 4

HENRIK FORSTI v THE QUEEN [2012] ACTCA 4 (9 February 2012)

CRIMINAL LAW – appeal against conviction – judge-alone trial – nine charges on indictment relating mainly to sexual offences against child under 10 years of age – verdicts of guilty on two charges of acts of indecency – claim that guilty verdicts “unsafe and unsatisfactory” – credibility of witnesses – discrepancies in evidence of witnesses need not damage their credibility – significance of matters of detail given at trial but not to investigating police – trial judge’s consideration of appellant’s credibility and of his denials – trial judge entitled to be satisfied beyond reasonable doubt that offences committed – appeal dismissed.

M v The Queen (1994) 181 CLR 487

ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

No. ACTCA 5 of 2011
No. SCC 415 of 2008

Judges:        Penfold, Burns and Lander JJ
Court of Appeal of the Australian Capital Territory
Date:           9 February 2012

IN THE SUPREME COURT OF THE     )          No. ACTCA 5 of 2011
  )          No. SCC 415 of 2008
AUSTRALIAN CAPITAL TERRITORY           )
  )

COURT OF APPEAL  )

ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN:   HENRIK FORSTI

Appellant

AND:   THE QUEEN

Respondent

ORDER

Judges:  Penfold, Burns and Lander JJ
Date:  9 February 2012
Place:  Canberra

THE COURT ORDERS THAT:

1. The appeal is dismissed.

IN THE SUPREME COURT OF THE     )          No. ACTCA 5 of 2011
  )          No. SC 415 of 2008
AUSTRALIAN CAPITAL TERRITORY           )
  )

COURT OF APPEAL  )

ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN:   HENRIK FORSTI

Appellant

AND:THE QUEEN

Respondent

Judges:  Penfold, Burns and Lander JJ
Date:  9 February 2012
Place:  Canberra

REASONS FOR JUDGMENT

THE COURT:

1. On 24 August 2009 the appellant pleaded not guilty to an indictment in the following terms:

FIRST COUNT           THAT between the 1^st day of February 1987 and the 31^st day of December 1988 at Canberra in the Australian Capital Territory Henrik Forsti committed an act of indecency upon a person, namely, AB, who was under the age of 10 years.

SECOND COUNT       AND FURTHER THAT between the 1^st day of February 1987 and the 12^th day of October 1989 at Canberra aforesaid Henrik Forsti committed an act of indecency in the presence of a person, namely, AB, who was under the age of 10 years.

THIRD COUNT         AND FURTHER THAT between the 1^st day of February 1987 and the 12^th day of October 1989 at Canberra aforesaid Henrik Forsti committed an act of indecency upon a person, namely, AB, who was under the age of 10 years.

FOURTH COUNT       AND FURTHER THAT between the 11^th day of October 1987 and the 12^th day of October 1990 at Canberra aforesaid Henrik Forsti engaged in sexual intercourse with a person, namely AB, who was under the age of 10 years, and who was,…