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Richardson appeals his conviction

Milton Richardson.

A man found guilty of sexually touching a young boy whom he kissed has launched an appeal against his conviction.

Milton Richardson, 47, admitted during his trial that he had kissed the complainant, but has denied that he touched the child for a sexual purpose.

During an appeal hearing yesterday, defence lawyer Michael Scott argued that the evidence before the court did not prove the kisses were for a sexual purpose, and that Magistrate Khamisi Tokunbo failed to explain in his judgment his reasons for determining the contact was of a sexual nature.

“We want to make sure that we are not causing actions that are not touching for a sexual purpose to be the subject of convictions under this section [of the law],” Mr Scott said.

“The Magistrate made a blanket finding of guilt, but didn’t give his reasons for finding that the kisses were for a sexual purpose.”

During his trial, the court heard that on January 5, 2013 the boy went on a walk with the defendant. During a conversation, Richardson leaned in and kissed the boy on the mouth, saying: “I love you so much.”

Days later, on January 19, the boy was watching TV on a bed with Richardson when the accused kissed him on the cheek, neck, ear, and then side and front of his mouth, inserting his tongue into his mouth.

The victim told the court he was “shocked” by the incident and later told family members.

The following day he was recorded by the victim’s mother admitting to kissing the boy “on the side of his face and on his mouth” — but defending it as a gesture of affection.

He was also heard to say on the recording: “I apologise — I crossed a line.”

On the stand in his own defence, Richardson admitted kissing the boy but he denied using his tongue on any occasion and insisted that his actions were not driven by sexual interest.

However at the conclusion of the trial Mr Tokunbo found Richardson guilty of four counts of sexual touching, later sentencing him to 18 months behind bars.

Chief Justice Ian Kawaley adjourned the appeal to a date to be determined so that more notes from the original trial can be produced.