INCITEMENT

A written note that flattered a 13-year-old girl, asked her to come around for “some fun” if she wanted to and stated that it was okay if she did not was not just an invitation. The words used were capable of amounting to an incitement to sexual activity. The court advised that in circumstances where the need to appeal arose during the currency of criminal proceedings and the appeal could be mounted very quickly, it was sufficient to tell the jury that a procedural issue had arisen that was neither the fault of the defence or prosecution and that the case had to be adjourned until the date that the issue could be resolved; to say otherwise would lead to rife speculation.