Where multiple acts described by a complainant are part and parcel of one continuous series of actions occurring at the same time, they do not constitute separate discrete acts requiring the Crown to elect which forms the basis of an indecent assault charge. Surrounding circumstances may be left to the jury as going to the element of indecency without requiring a unanimity direction as to the specific act. The preferred direction is to identify the specific act forming the basis of the charge and then instruct the jury that surrounding circumstances are relevant to whether that act occurred in circumstances of indecency.
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