[name withheld] direction (that guilt should be the only rational inference from circumstantial evidence) is not required where the prosecution case rests on direct evidence of the assault, even where the defence raises the possibility of accidental touching. The obligation of a judge sitting alone to give reasons requires addressing whether an assault had a sexual connotation where the touching is equivocal in that regard. An apology by an accused, where there is no other reason on the evidence for such apology, may constitute an admission without the need for a formal post-offence conduct direction in a judge-alone trial.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.
2 of the 2 citing cases carry a classified treatment. How each court treated it is available to signed-in members.