Below also see: Oliver James Alfred Kemp, 1942,
Oliver James Alfred Kemp, 1949
The Sydney Morning Herald, Wed 13 Feb 1929 1
LAW NOTICES.
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Wednesday, February 13.
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QUARTER SESSIONS.
No. 1 Court.—William Fitzpatrick, inflict grievous bodily harm; Oliver James Alfred Kemp, indecent assault on a male person; Wilfred John Davies, stealing (for plea only); Ethel Enid Minnie Taylor, break, enter, and steal (for sentence).
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SERIOUS CHARGE.
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ALLEGED CONSPIRACY.
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Roy Anderson, 42, traveller, and Eugean Spalding, 21, saleswoman, were, at the Central Police Court yesterday, charged with having conspired to accuse Phillip Ryan, traveller, of a serious crime.
It was alleged by Ryan, who said that he had engaged two young women as travellers, one of whom was the female accused had laid a false charge against him. The two girls left for the country with him, and subsequently, he said, Anderson had approached his wife and accused him of having committed an offence upon his “daughter” (indicating the accused, Eugean Spalding) at Werris Creek.
Ryan said that his wife reported the charge to the police, and when Anderson and his alleged “daughter” went to her house and asked for compensation for physical injuries that “Miss Anderson” had received at the hands of Ryan, they were given marked notes amounting to £3/10/. As soon as the money was handed over to the female accused, however, detectives, who were in hiding, and overheard the conversation, stepped forward and questioned both accused. They were subsequently arrested.
Mrs Ryan, who also gave evidence, said she told Anderson that she did not believe the charges made against her husband.
The evidence will be continued at 10 o’clock this morning.
Mr Rogers appeared for the Crown. The accused were represented by Mr Sproule (instructed by Messrs RD Meagher and Co).
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The Sun, Thu 14 Feb 1929 2
GRAVE OFFENCE
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GOVT. CLERK CONVICTED
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“Not Quite Normal.”
Oliver James Alfred Kemp, aged 33, a prominent swimmer and surfer, and a clerk in the returned soldier settlement branch of the Lands Department, was convicted at Darlinghurst Sessions to-day of an offence against a messenger boy in that department. Police stated that four other messenger boys had made allegations against Kemp’s conduct towards them.
Kemp asked the judge to bear in mind the humiliation he had suffered, because of the fact that he was so well known. The conviction meant that he would lose friendships and associations gained over many years. He had also been involved also in pecuniary loss.
Mr R Windeyer, KC, leading counsel for prisoner, said that Kemp’s crime was not of the ordinary kind. It indicated that there was something not quite normal about him. Acting-Judge Rowland agreed, and remanded the, prisoner for sentence until to-morrow.
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The Sydney Morning Herald, Thu 14 Feb 1929 3
QUARTER SESSIONS.
No. 1 COURT.
(Before Acting Judge Rowland.)
Crown Prosecutor, Mr VH Treatt.
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ALLEGED INDECENT ASSAULT.
Oliver James Alfred Kemp, 33 clerk, was charged with having committed an indecent assault on a boy.
Mr Windeyer, KC, with him Mr Flynn (instructed by Messrs RD Meagher, Sproule, and Co) appeared for the accused.
The matter stands part heard.
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LAW NOTICES.
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Thursday, February 14.
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QUARTER SESSIONS.
No. 1 Court.—Oliver James Alfred Kemp, indecent assault (part heard); Isaac Bell, bigamy.
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The Advertiser, Fri 15 Feb 1929 4
IN DISGRACE.
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CONVICTED ON SERIOUS CHARGE.
Sydney, February 14.
Oliver James Alfred Kemp (33), a well known swimmer and life-saving official, and a clerk in the Lands Department, was convicted at the Darlinghurst sessions to-day on a charge of having committed an offence on a messenger boy, [Sydney Speigh ], in the department. Acting Judge Rowland remanded him for sentence. According to the police, four other boys had made allegations against Kemp.
Kemp, in a statement from the dock, drew attention to the humiliation he had suffered because of the fact that he was so well known.
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The Sun, Fri 15 Feb 1929 5
SERIOUS OFFENCE
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GOVT. CLERK GAOLED
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Sentence of 12 months’ imprisonment was passed at Darlinghurst Sessions to-day on Oliver James Alfred Kemp, aged 33, a clerk in the Lands Department, for having committed a serious offence on a messenger boy. Acting-Judge Rowland recommended that the prisoner be placed under medical observation, and said that, if at the end of six months, Kemp was certified as normal, an application could be made for release. The judge mentioned that, previous to this lapse, Kemp had borne an excellent character.
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The Sydney Morning Herald, Sat 16 Feb 1929 6
QUARTER SESSIONS.
(Before Acting Judge Rowland.)
(Crown Prosecutor, Mr VH Treatt.)
…
INDECENT ASSAULT.
Oliver James Alfred Kemp (33), a clerk in the Returned Soldiers’ Settlement branch of the Lands Department, who was convicted on a charge of indecently assaulting a messenger boy in the department, was sentenced to 12 months’ hard labour, with a recommendation that he be kept under medical observation. His Honor said that if he were found to be normal, he would consider making a recommendation on receiving an application for release after six months.
Mr Windeyer, KC, with him Mr Flynn (instructed by Messrs RD Meagher, Sproule, and Co) appeared for the prisoner.
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Oliver James Alfred Kemp, Gaol photo sheet 7
![SRNSW: NRS2467, [3/6123], State Penitentiary photographic description book, 8 Nov 1928-21 Mar 1929, No. 23618, p. 413.](../../images/trials/1929-Kemp-6123-gaol-photo-23618.jpg "SRNSW: NRS2467, [3/6123], State Penitentiary photographic description book, 8 Nov 1928-21 Mar 1929, No. 23618, p. 413.") |
Gaol Photo Sheet - Transcribed Details
No. 23618
Date when Portrait was taken: 16-2-1929
Name: Oliver James Alfred Kemp
|
Native place: Sydney Year of birth: 2-3-1895 Arrived Ship: Trade or occupation Religion: C of E Education, degree of: R & W Height: 5' 10¾" Weight On committal: 133 Colour of hair: Dark brown Colour of eyes: Blue |
Marks or special features: Scar on edge of right wrist, right wrist has been broken |
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(No. of previous Portrait ... ) CONVICTIONS |
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| Where and When | Offence. | Sentence | |||
|
Sydney Q.S |
14 |
2 |
1929 |
Indecent assault on a male person |
12 months HL |
Oliver James Alfred Kemp, 1942
The Sydney Morning Herald, Thu 5 Feb 1942 8
LAW NOTICES.
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QUARTER SESSIONS, DARLINGHURST.
No. 1 Court: Bruce Plunkett, Charles Frederick Robinson, Richard Arthur Benn, Oliver James Alfred Kemp.
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POLICE IDENTIFY
BOMB-KILLER
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KALGOORLIE. Wednesday.—To-day, for the first time since the bombing outrages at Boulder on Monday, no further deaths have been announced.
Police to identified the man who they claim was responsible for the bombing as Pero Raiceviech, 45, a Yugoslav born in Buxovik, Montenegro, who arrived in Australia in 1928 and who had been residing at the Launceston Hostel. His body was found blown to pieces in Boulder cemetery, and it is believed he committed suicide by use of a bomb.
Effects found by detectives, including two letters in Slav which indicated that he had been worried for some time past by the suffering of his countrymen in Europe and greatly disturbed by the fact that he was not able to be with them. A cutting from a newspaper referring to difficulties in Europe was included in one of the letters. The man is reported to have been of a morose, sullen disposition, and it is possible that he brooded over these worries.
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The Sydney Morning Herald, Sat 10 Oct 1942 9
LAW NOTICES.
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Monday.
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APPEALS COURT, QUEEN’S SQUARE.
No. 1 District Court.—Cecil Carlyle Broughton, Elsie Bennie, Nelson William Hartnett, Oliver Val Kay, John Richard Brownlee, Oliver Alfred James Kemp.
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The Sydney Morning Herald, Tue 13 Oct 1942 10
UAP LEADERSHIP
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The Council of the United Australia Party last night received a report from the South Coast Electoral Conference of the party stating that it had carried unanimously a motion “insisting” that a change was necessary in the State leadership of the party.
The deputy president of the party, Mr Richardson, MLA, who presided at the council meeting, announced that no discussion on the resolution would be permitted in the absence of Mr Mair, the party leader, who was in Albury.
As the result of a decision reached at the council meeting, a convention of the party will be called as early as possible to consider whether proposed alterations to the constitution of the party shall be dealt with by the convention or by the council. The convention will be attended by two delegates from each branch, members of the Parliamentary Party, and members of the council.
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APPEAL UPHELD
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The appeal by Oliver Alfred James Kemp, 47, commercial traveller, against his conviction and fine of £5 on a charge of offensive behaviour towards a schoolgirl was upheld in the Quarter Sessions Appeals Court yesterday. The conviction was quashed.
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FUNERAL OF JUDGE
CURLEWIS
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The funeral of Judge H[erbert] R[aine] Curlewis, who died on Sunday, took place yesterday at the Northern Suburbs Crematorium.
Many members of the judiciary and the legal profession, as well as representative citizens, were present.
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COURT REFERENCES
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References to the death of Judge Curlewis were made in the Quarter Sessions yesterday. Judge Barton said that the late Judge was a gifted man whose articles in the Press were a source of delight to the legal profession and a large section of the public. Judge Curlewis, he said, had a great fund of knowledge, and was learned in law. It had always been acknowledged that he was one of the ablest Judges who had ever presided at the Quarter Sessions. He had discharged his duty fearlessly as he saw it. One could say with certainty that those who knew him best would miss him most.
Judge Clancy said they could all appreciate the loss of Judge Curlewis to the Bench. Not long ago the late Judge and his widow had lost their only daughter, and their son, Captain Adrian Curlewis, had been posted as missing in Malaya.
Oliver James Alfred Kemp, 1949
The Sun, Tue 26 Jul 1949 11
FOUR YEARS
FOR PERVERT
Sentencing Oliver James Alfred Kemp, 53, clerk, to four years’ penal servitude for an offence against a 12-year-old boy, Judge Curlewis said today at the Quarter Sessions that it was difficult to imagine a more despicable and course of action.
Kemp, of Imperial Avenue, Bondi, had been convicted of a similar offence 20 years ago, according to the gaol record.
The judge said that Kemp had, I the guise of being a friend of the boy’s father who was killed at the war, endeavored to win the boy’s friendship by making him presents and giving him money.
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The Canberra Times, Wed 27 Jul 1949 12
FOUR YEARS GAOL
FOR ASSAULT ON BOY
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Sydney, Tuesday.
Oliver James Alfred Kemp, 53, of Bondi, a former public servant, who was sentenced to four years’ imprisonment by Judge Curlewis at the Quarter Sessions to-day, had enticed a 13-years-old boy to his place of business and interfered with him several times.
Kemp was alleged to have written notes for the boy when he played truant from school.
A letter had also been sent by Kemp to the Salvation Army when there was a likelihood of the boy being sent to Goulburn for reformative treatment. He had also given the boy small sums of money.
Kemp had been convicted 20 years ago on a charge of indecency, the gaol recorder, Stanley Pritchard, said.
Sentencing Kemp, who was charged with having indecently assaulted the boy, Judge Curlewis said that it was hard to imagine a more despicable course of action.
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The Sydney Morning Herald, Wed 27 Jul 1949 13
QUARTER SESSIONS
(Before Judge Curlewis.)
Mr J O’Brien, Crown Prosecutor.
Oliver James Alfred Kemp, 53, of Imperial Avenue, Bondi, was found guilty of a charge of indecent assault.
He was sentenced to four years’ imprisonment. Judge Curlewis recommended that he be given medical attention while in custody.
Mr F Hidden for the accused.
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Truth, Sun 31 Jul 1949 14
CLERK COPPED AND EXTRA
YEAR AT SECOND TRIAL
Things didn’t turn out too well for Oliver James Alfred Kemp (53), clerk, of Imperial Arcade, Bondi.
ON March 4 Kemp was convicted before Judge Stacy at the Quarter Sessions of indecent assault on a boy and sentenced to three years’ gaol.
Kemp succeeded in an appeal on April 8 to the Court of Criminal Appeal. A new trial was ordered.
Kemp came up again on Tuesday before Judge Curlewis. Again the jury found him guilty.
Judge Curlewis, without knowing the sentence imposed by Judge Stacy, sentenced Kemp to four years.
“It is difficult to imagine a more despicable or cunning course of conduct than yours,” said Judge Curlewis.
“Under the guise of a friend of his father, who was killed at the war, you endeavored to win the boy’s friendship by making him presents and by giving him money.
“You forged his mother’s signature to letters to explain his absence from school and you wrote letters to the Salvation Army on his behalf not for the purpose of assisting him, but for your own purposes; that is, to keep him in Sydney to continue your practices.
“No young boy would be safe from you were you released.”
Mr J O’Brien (by M Wallace of the Clerk of the Peace’s Office) for the Crown; Mr FC Hidden for Kemp.
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The Sydney Morning Herald, Wed 18 Jul 1951 15
WINS APPEAL AFTER
TWO YEARS’ GAOL
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The Full High Court 16 yesterday upheld the appeal and quashed the conviction of a man who has served two years of a four years’ sentence for indecent assault.
The man, Oliver James Alfred Kemp, 55, clerk, of Imperial Avenue, Bondi, will be released immediately.
A Quarter Sessions jury in July, 1949, convicted him of indecently assaulting a male, and Judge Curlewis sentenced him to fours years’ gaol.
Later Kemp appealed to the Court of Criminal Appeal which dismissed his appeal. It was from this decision that he appealed to the High Court.
The chief ground of the appeal was that evidence that Kemp had been acquitted previously of similar charges was wrongly admitted during his trial.
Mr F Hidden (by the Public Solicitor) for Kemp; Mr RR Kidston (by the State Crown Solicitor) for the Crown.
Kemp v R [1951] HCA 39; (1951) 83 CLR 341 (17 July 1951)
HIGH COURT OF AUSTRALIA
KEMP v The KING [1951] HCA 39; (1951) 83 CLR 341
Criminal Law
High Court of Australia.
Dixon(1), Williams(1) and Webb(1) JJ
CATCHWORDS
Criminal Law - Indecent assault - Evidence of similar acts - Acts in respect of & which accused had been acquitted - Admissibility.
HEARING
Sydney, 1951, July 17. 17:7:1951
APPEAL from the Court of Criminal Appeal of New South Wales.
DECISION
The following judgement of the Court was delivered by:–
Dixon J. This is an appeal by special leave from an order of the Court of p. 342
2. The prisoner was indicted upon three counts for indecent assault upon the same boy. The first count laid the offence on 12th July 1948; the second on 15th July 1948; and the third on 22nd July 1948. On his first trial the prisoner was acquitted on the first and second count and convicted on the third count. A new trial was ordered on the third count. On that second trial evidence was tendered of similar acts consisting of offences by the prisoner on the boy prior to 22nd July. At one stage the boy said there were only two such offences. Clearly if that was so they must have been the subject of the two counts on which the prisoner was acquitted. It is however suggested that they were in fact other occasions. The decision of the Privy Council in Sambasivan v. Public Prosecutor, Federation of Malaya (1950) AC 458, at p. 479 is decisive to show that the prisoner must be taken to have been innocent of the charges covered by the first counts of the indictment for such a purpose as that for which the evidence was tendered. As for the effect of issue estoppel based upon acquittal see also Wilkes [1948] HCA 22; (1948) 77 CLR 511, at pp. 518, 519. (at p. 342).
3. The boy may have been uncertain as to dates and confused. But it seems to us to be clear upon the evidence that the occasions covered by the indictment were at least included in the evidence of similar acts which was tendered and received. Evidence of these occasions was, in our opinion, inadmissible. The evidence was admitted after objection. Moreover, no direction was given to the jury enabling to understand that they should discard any evidence covering the same matters as were the subject of the first two counts. The conviction, therefore, in our opinion, cannot be supported. (at p 343)
4. We would, in these circumstances, order a new trial, were it not that the prisoner has been serving his sentence under the conviction, and that sentence commenced on 26th July 1949, nearly two years ago. As it is we think that it is enough to allow the appeal and quash the conviction. (at p. 343)
ORDER
Appeal allowed. Conviction quashed.
1 The Sydney Morning Herald, Wed 13 Feb 1929, p. 11. Emphasis added.
2 The Sun, (Sydney, NSW), Thu 14 Feb 1929, p. 15.
3 The Sydney Morning Herald, Thu 14 Feb 1929, p. 8. Emphasis added.
4 The Advertiser, Fri 15 Feb 1929, p. 17.
5 The Sun, (Sydney, NSW), Fri 15 Feb 1929, p. 7.
6 The Sydney Morning Herald, Sat 16 Feb 1929, p. 14.
7 SRNSW: NRS2467, [3/6123], State Penitentiary photographic description book, 8 Nov 1928-21 Mar 1929, No. 23618, p. 413.
8 The Sydney Morning Herald, Thu 5 Feb 1942, p. 7. Emphasis added.
9 The Sydney Morning Herald, Sat 10 Oct 1942, p. 5. Emphasis added.
10 The Sydney Morning Herald, Tue 13 Oct 1942, p. 7. Emphasis added.
11 The Sun, (Sydney, NSW), Tue 26 Jul 1949, p. 7.
12 The Canberra Times, Wed 27 Jul 1949, p. 4.
13 The Sydney Morning Herald, Wed 27 Jul 1949, p. 6.
14 Truth, (Syd, NSW), Sun 31 Jul 1949, p. 12. Emphasis in original.
15 The Sydney Morning Herald, Wed 18 Jul 1951, p. 8.
16 Kemp v R [1951] HCA 39 (1951).