R v WBB

In the case of R v WBB, the appellant was convicted by a jury of four counts of indecent treatment of a boy under fourteen, the boy being the appellant's son. The alleged incidents occurred between late 1977 and early 1978. The complainant provided evidence relating to each count, though there were gaps in his memory regarding some peripheral details. The appellant denied the offences and his evidence was not extensively challenged during cross-examination. The appellant appealed against his conviction, arguing that the jury's verdict was unreasonable given the evidence, and also sought leave to appeal against his sentence.

The primary issues for the court were whether the jury's verdict was unreasonable considering the evidence and whether the sentence imposed was manifestly excessive. Regarding the appeal against conviction, the court considered the age of the complainant at the time of the incidents, his capacity to recall the events, and the absence of inconsistencies in his account. The court found that while the complainant's evidence lacked some detail about the surrounding circumstances, it was credible in describing the actual events. The court also noted that a child of ten, dealing with the stress of parental separation, might not recall peripheral details. Concerning the sentence, the court found that while the sentence was severe, it was not manifestly excessive given the nature of the offences.

The court dismissed the appeal against conviction, holding that the jury's verdict was not unreasonable. The court also refused leave to appeal against the sentence, finding that while the sentence was harsh, it was not so disproportionate as to warrant interference. Therefore, the appellant's conviction and sentence were upheld.