Kemp v R [1951] HCA 39

ON 17 JULY 1951, the High Court of Australia delivered Kemp v R [1951] HCA 39; (1951) 83 CLR 341 (17 July 1951).

The accused had been indicted on three counts of indecent assault and acquitted of two. A new trial was held for the third, resulting in conviction.

During the new trial, the complainant gave evidence of similar acts consisting of offences on two occasions prior to the third. The High Court held that the evidence was not admissible as it may have included the two counts of which the accused had been acquitted.

Accordingly, the court held that the conviction could not stand. Instead of ordering a new trial, the court ordered that the conviction be quashed as the accused had served nearly two years of the sentence.

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