R v Palmer

In R v Palmer, the appellant Graham Ashley Robert Palmer was convicted of indecent assault and appealed against both conviction and sentence. The appeal was dismissed. The complainant, who was 16 years old at the time of the incident, testified that the appellant hugged her tightly and kissed her on the cheek, neck, and shoulder despite her resistance. The appellant's DNA was found on the complainant's cheek and neck, and the jury found him guilty of indecent assault. The appellant argued that the verdict was unreasonable, there were errors by trial counsel, and misconduct by the prosecutor. However, the Court of Appeal found that the appellant was competently represented at a fair trial, and there was no misconduct by the prosecutor. The Court also considered the possibly prejudicial effect of a Close Up programme about the appellant which was shown three weeks before the trial, but found that there was no miscarriage of justice. In relation to the sentence, the Court found that the sentence of eight months' imprisonment was open to the Judge and that she was entitled not to commute that sentence to one of home detention.