Police v A, TG

The appeal in Police v A, TG was brought by the Crown against an acquittal by the Youth Court of a youth charged with assault with intent to commit rape. The case was heard in the Supreme Court of South Australia. The central issue for the court was whether the trial Judge was correct in acquitting the youth of the more serious charge of assault with intent to commit rape, and whether there was a reasonable doubt that the youth intended to rape the complainant. The court was also required to consider the appellate court's role in reviewing decisions of courts of summary jurisdiction, particularly in relation to Crown appeals against acquittal.

The court held that the trial Judge had erred in acquitting the youth of the more serious charge. The Supreme Court found that the evidence established that the youth had intended to rape the complainant at the time of the assault. The court held that forethought is not an element of the offence of assault with intent to commit rape. The intention to rape must be held at the time the assault takes place, and can be momentary. The fact that the youth desisted when the complainant resisted did not demonstrate a lack of intention. The Supreme Court concluded that the only reasonable inference to be drawn from the established facts was that the youth intended to rape the complainant. The trial Judge's reasoning demonstrated an error and his conclusions were not open to him on the evidence. The appeal was allowed, the conviction for common assault and the sentence were set aside, and a verdict of guilty of assault with intent to rape was entered. The matter was remitted to the Youth Court for sentencing.