Palmer v The Queen [1998] HCA 2

High Court of Australia Brennan CJ Gaudron, McHugh, Gummow and Kirby JJ Palmer v The Queen (M 41/97) [1998] HCA 2

ORDER

1. Appeal allowed.

2. Set aside the order of the Court of Appeal and in lieu thereof grant leave to appeal to that Court, allow the appeal and quash the appellant's convictions and enter verdicts of acquittal in their place.

Cur adv vult

The following written reasons for judgment were published:—

2 December 1997 Brennan CJ, Gaudron, McHugh, Gummow and Kirby JJ

The Court pronounced orders without giving reasons.

20 January 1998 Brennan CJ, Gaudron and Gummow JJ.

1. In June 1994 the complainant, whom we shall call "L", was aged fourteen. At that time, she was recuperating at home in Camberwell, a Melbourne suburb, after an operation. She lived with her mother who was in daytime employment, so L was left at home during the day. The appellant, aged thirty-four, was a process server who had met and become friendly with the mother two years before. His duties as a process server took him to various suburbs of Melbourne. He made an offer to L's mother that he would pick up L at home and take her out for a drive. L's mother agreed to that suggestion.

2. On Wednesday 22 June 1994, the appellant called at the home and took L with him into town. He took her to lunch at a restaurant which he frequented close to his office. Later in the day he took her home. The following day, Thursday 23 June, he called at the home again and spent some time there. On Tuesday 28 June he again called and took L with him on his rounds. He did the same on Thursday 30 June and on Friday 1 July. On that afternoon she went with him to his house and assisted with some office work for which he paid her $20. L gave evidence that on these occasions the appellant had engaged in sexually suggestive conversation or conduct. The appellant's evidence denied that he had done so.