… Elias CJ But can you just direct us to the passage in the Court of Appeal
Judgment where you say they wouldn’t engage on this point? It’s
because they don’t consider that there is Counsel error is it?
Lithgow What they do is, and without calling a s…
… being entered against them and that was not the
case. So there was an issue about the judgment and a notice of appeal
filed.
Elias CJ You mean there was an issue as to consent.
Challis Yes, that’s what.
Tipping J Well what you’re saying, calling a …
… circumstance. There are other transactions in which I would put this
where when you look at the transaction overall that line cannot be so
clearly drawn. And that’s where I would place this transaction.
Tipping J Mr McKenzie can I put this to you, …
… and that's –
GLAZEBROOK J:
And is that because you could do it without a building permit?
MR GRAY QC:
That’s because you're replicating what’s there, yes.
GLAZEBROOK J:
No, no, I understand that, but if you couldn’t even put your spade in th…
… anus during the incident, and described earlier conduct, in
respect of which no charges had been laid. She said: “It’s not the only
time he’s raped me. Probably the third time … He’s tried to shove a
cucumber up me and … It could have been that …