We discussed Clarkson v The Queen [2011] VSCA 157 in this post last month. A bench of five justices decided that a lack of forcible coercion of the child victim of sexual offending might be a mitigating circumstance. This would only be in the rare case where it could be shown that the 'consent' (as …

Continue reading ADA v Bruce & Anor [2011] VSC 338: the De Simoni principle

We discussed Clarkson v The Queen [2011] VSCA 157 in this post last month. A bench of five justices decided that a lack of forcible coercion of the child victim of sexual offending might be a mitigating circumstance. This would only be in the rare case where it could be shown that the 'consent' (as …

Continue reading ADA v Bruce & Anor [2011] VSC 338: the De Simoni principle