TGW v Tasmania

The appeal concerned a criminal matter heard in the Supreme Court of Tasmania. The appellant, TGW, had been acquitted of rape by direction of the trial judge but was found guilty of indecent assault. The Crown appealed against the acquittal of rape.

The central legal issue before the Full Court of the Supreme Court of Tasmania was whether the appellant's conduct, which involved placing the complainant's penis in the appellant's mouth, constituted rape. A further issue arose regarding the relevance of this conduct to the sentence imposed for indecent assault, given the acquittal of the more serious charge.

The Full Court determined that the conduct in question did amount to rape, as it involved penetration of the appellant by the complainant's penis. However, the Court declined to order a retrial for the rape charge, noting that the appellant had already been sentenced for indecent assault. The Court considered the act of penetration to be relevant to the sentencing for indecent assault, even though the rape charge itself was not to be pursued further.