A Canberra man who abused his friend’s two daughters has won the right to fight some his convictions in the High Court.
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Michael Alan Gillard, 59, was granted special leave to appeal four of the sex offences after the High Court on Friday found the trial judge had misdirected the jury.
Two separate ACT Supreme Court juries found Gillard guilty of abusing the sisters in the ACT in the 1990s.
During the trials the jury heard Gillard was friends with the girls' father and was considered an unofficial uncle or godfather.
Gillard was sentenced to nine years and nine months in jail in December 2011 for eight sexual offences against the elder sister.
Gillard challenged the sentence and conviction in the ACT Court of Appeal, arguing the judge misdirected the jury in respect to the issue of consent and that the sentence was manifestly excessive and calculated inappropriately.
But the ACT Court of Appeal rejected the appeal in April this year.
Gillard then took the question of trial direction to the High Court in Sydney on Friday and was granted special leave to appeal his conviction on four counts that happened after the girl turned 16.
The hearing is expected to be heard before the full court next year.
The judges will be asked to interpret the issue of consent as set out in a section of the ACT Crimes Act, specifically whether consent was negated by an abuse of trust by Gillard who was in a position of authority at the time. They will also consider whether the criminality was affected by being reckless as to whether that consent was negated by being in a position of authority.
The Supreme Court in July announced it would hold off sentencing Gillard over offences he committed against the younger sister until the appeal was heard.
