Gageler CJ
Gleeson J
Jagot J
9.
- count 6 (unlawfully and indecently dealing with E, a child under 16 years, between 9 August 1994 and 1 January 1998);
- count 7 (unlawfully and indecently dealing with K, a child under 16 years, and under 12 years, on 25 December 1994);
- count 9 (rape of E and unlawful carnal knowledge of E, between 9 August 1995 and 10 August 1997);
- count 15 (unlawfully and indecently dealing with K, a child under 16 years, between 18 September 1997 and 19 September 1998);
- count 16 (wilfully and unlawfully exposing K, a child under 16 years, to an indecent act by himself, between 18 September 1997 and 19 September 1998);
- count 17 (rape of K and unlawful carnal knowledge of K, between 18 September 1997 and 20 September 1999);
- count 18 (rape of K and unlawful carnal knowledge of K, between 31 December 1998 and 1 January 2000);
- count 19 (wilfully and unlawfully exposing K, a child under 16 years, to an indecent act by himself, between 9 August 1997 and 10 August 2000);
- count 20 (rape of K and unlawful carnal knowledge of K, between 9 August 1997 and 10 August 2000);
- count 21 (wilfully and unlawfully exposing E, a child under 16 years, to an indecent act by himself, between 9 August 1997 and 10 August 2000);
- count 22 (unlawfully and indecently dealing with E, a child under 16 years, between 9 August 1997 and 10 August 2000);
- count 24 (unlawfully procuring K, without her consent, to witness an act of gross indecency by himself, between 9 August 1997 and 10 August 2000); and
- count 25 (unlawfully and indecently assaulting K, between 18 September 2000 and 19 September 2001).
The jury found the appellant not guilty on these counts, other than a circumstance of aggravation of count 1 (rape of K during the maintaining of the relationship of a sexual nature with K, a child under 16 years) and count 17 (rape of K, between