Questione giuridica chiave
Whether the appellate court’s finding of two close-following incidents was arbitrary and contrary to the presumption of innocence.
Decisione estratta
The evidentiary assessment was not arbitrary; the victim’s statements were consistent in their core and supported a finding of two incidents.
Motivazione estratta
The Federal Court held that the complainant’s statements matched on the essential point that the appellant first approached too closely, then overtook and, after the victim overtook him again, approached too closely a second time. No qualified error or serious doubt was shown.