Tognolini v The Queen

In the case of Tognolini v The Queen, the applicant, Tognolini, appealed against his conviction and sentence for maintaining a sexual relationship with a child under 16 and attempting to pervert the course of justice. The matter was heard in the Court of Appeal of the Supreme Court of Victoria. Tognolini was convicted of maintaining a sexual relationship with a child under 16 on the basis that he had engaged in sexual activity with the child on three separate occasions. He was also convicted of attempting to pervert the course of justice by threatening the child to prevent her from testifying against him.

The primary legal issues that the court had to decide were whether the evidence was sufficient to support a conviction for the sexual offence on three separate occasions, whether the alternative count of an indecent act was open, and whether the conviction on the alternative count was inconsistent with the acquittal on one alternative count. Additionally, the court had to determine whether Tognolini's conduct in threatening the child constituted an attempt to pervert the course of justice and whether the sentence imposed was appropriate.

The court held that the evidence was capable of supporting the conviction for the sexual offence on three separate occasions, as the sexual activity occurred on different days and did not form part of a single continuous act. The court also found that the alternative count of an indecent act was open and that the acquittal on one alternative count did not make the conviction on another count inconsistent. Regarding the charge of attempting to pervert the course of justice, the court held that Tognolini's conduct in threatening the child was capable of constituting the offence. However, the court found that the sentence of six years' imprisonment was outside the range of current sentencing practices and resentenced Tognolini to four years' imprisonment.

The court upheld Tognolini's conviction for maintaining a sexual relationship with a child under 16, but reduced his sentence for attempting to pervert the course of justice. The conviction and sentence for the sexual offence were upheld, and the sentence for the attempt to pervert the course of justice was reduced to four years' imprisonment.