The case illustrates the application of the test for indecency from R v Court [1989] 1 AC 28 and R v Morton [1998] SCACT 8, confirming that conduct objectively capable of being indecent may not be found to be so where a plausible innocent explanation exists, even if that explanation is dubious. Unsworn evidence of a young child, if found truthful and accurate, must be given full effect even where contradicted by sworn denials.
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