The Court held that where an appellant's counsel at trial conceded that the only issue was whether the physical act occurred, and did not contest the element of indecency, the magistrate did not err in failing to give separate reasons on indecency once the act was proved. Applying Harkin v R, intentional touching of a woman's breast for three to five seconds without any innocent purpose is inherently indecent, and proof of sexual gratification is not required. On sentence, the Court upheld the magistrate's refusal to make a non-conviction order under s 17 of the Crimes (Sentencing) Act 2005 (ACT), emphasising the importance of general deterrence for rideshare drivers who take advantage of passengers, notwithstanding the appellant's good character and lack of prior convictions.
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