Khammash v Police No. Scciv-01-4

The appeal concerns the conviction of Mr Khammash for common assault and indecent assault. The case was heard in the Magistrates Appeal (Criminal) Court. The primary issue before the court was whether the magistrate erred in finding Mr Khammash guilty of the charges. The court had to determine if the magistrate correctly applied the relevant legal principles in assessing the evidence and making his findings.

The magistrate rejected Mr Khammash's defences under sections 15A and 76 of the Criminal Law Consolidation Act 1935 (SA) and the Summary Offences Act 1953 (SA). The court found that the magistrate's reasoning was sound. Concerning section 15A, the court held that the magistrate properly concluded that Mr Khammash's actions were not reasonably proportionate to the threat he genuinely believed to exist. Regarding section 76, the court determined that Mr Khammash did not apprehend the complainant with the intention of delivering her into police custody. Furthermore, the court concluded that the magistrate correctly assessed the credibility of the witnesses and applied the appropriate burden of proof. The court also found that the magistrate's remark about consciousness of guilt was not erroneous.

The appeal was dismissed, and the convictions were upheld.