Longman v The Queen [1989] HCA 60

High Court of Australia Brennan, Deane, Dawson, Toohey and McHugh JJ. Longman v The Queen [1989] HCA 60

ORDER Application for special leave to appeal granted. Appeal allowed. Set aside the order of the Court of Criminal Appeal of Western Australia. In lieu thereof order that the appeal to that Court be allowed, that the convictions be quashed and that there be a new trial.

Cur. adv. vult.

The following written judgments were delivered:—

Dec. 6 Brennan, Dawson and Toohey JJ.

An indictment was presented in the District Court of Western Australia at Perth charging the applicant, John Henry Longman, with several counts of unlawfully and indecently dealing with or assaulting each of three girls under the age of fourteen years. The counts were severed and, after a trial on two counts, he was convicted on 21 October 1988 on both. The two counts were "that on a date unknown between the 22nd day of February 1962 and the 22nd day of February 1963 at Moora [he] unlawfully and indecently dealt with one [D.R.T.] a girl under the age of 14 years" and "that on a date unknown between the 22nd day of February 1966 and the 22nd day of February 1967 at Moora [he] unlawfully and indecently dealt with" the same girl "a girl under the age of 14 years". Upon conviction, the applicant was fined $2,000 on each count and was ordered to be imprisoned until such fines were paid but so that the term of imprisonment for non-payment of each fine should not exceed three months. His appeal against conviction was dismissed by the Court of Criminal Appeal.

At the time of the trial, D.R.T. was aged thirty-two. She was but six years old at the time of the event alleged in the first count and ten years old at the time of the event alleged in the second count. She was the applicant's step-daughter. The applicant had married the complainant's mother in 1960 when the complainant was aged four. The mother was a widow with five children of whom the complainant was the third. They went to live with the applicant on his farm at Koojan near Moora and they lived there until the end of 1964 when, because of a condition affecting one of the children by the first marriage, the mother and family went to live in Perth. There they were visited from time to time by the applicant and from time to time they went to the farm on holidays and once (in 1968) for a longer period. A further seven children were born of the marriage of the applicant and the complainant's mother, all daughters. The applicant and the complainant's mother were divorced in 1976.