The Supreme Court dismissed the appeal against conviction for unlawful assault (grabbing the complainant's vagina) on a domestic flight, holding that the Local Court properly applied the Liberato direction by expressly rejecting the appellant's account beyond reasonable doubt before assessing the remaining evidence, rather than merely preferring the complainant's evidence over the appellant's. The Court held that a witness's evidence that they did not see an alleged act is not inconsistent with the complainant's evidence that it occurred, particularly where surrounding circumstances (dim lighting, confined space, brevity of contact) readily explain the failure to observe it. The verdict was not unreasonable given the complainant's consistent evidence, corroborating complaint evidence from multiple crew members, and the evidence of nearby passengers supporting the appellant's wakefulness at the relevant time.
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