The word 'with' in s.47(1) of the Crimes Act 1958 (Vic), creating the offence of committing an indecent act with a child under 16, does not require the willing participation, consent or co-operation of the child; the offence is constituted by an indecent act committed on the person of the child. Endorsements on the back of a presentment are merely minutes or memoranda and do not constitute the formal court record; where they are inconsistent with the transcript and surrounding circumstances, they may be disregarded. The Crown's duty of disclosure does not extend to documents that can only be used as a basis for cross-examination going to credit, where the topic was opened up by the defence.
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