DJA v The King

[2025] NSWDC 412

District Court

New South Wales

Medium Neutral Citation:	DJA v R [2025] NSWDC 412
Hearing dates:	27 June 2025
Date of orders:	17 October 2025
Decision date:	17 October 2025
Jurisdiction:	Criminal
Before:	Buscombe DCJ
Decision:	The Applicant is granted a certificate under s 2 of the Costs in Criminal Cases Act 1967 (NSW).
Catchwords:	CRIME – Costs – application for certificate under Costs in Criminal Cases Act 1967 (NSW)
Legislation Cited:	Costs in Criminal Cases Act 1967 (NSW) ss 2, 3
Cases Cited:	Mordaunt v R [2007] NSWCA 121
Category:	Costs
Parties:	Crown: ODPP (NSW) Accused: DJA
Representation:	Crown: Mr R. Cooley, Crown Prosecutor Solicitor: Office of Director of Public Prosecutions Accused: Mr P. Pearsall, Public Defender Solicitor: Ms L. De Luca
File Number(s):	2021/262811
Publication restriction:	1. Pursuant to s 578A(2) of the Crimes Act 1900 (NSW), a person shall not publish any matter which identifies the complainant or any matter which is likely to lead to the identification of the complainant. 2. Pursuant to s 15A(1) of the Children (Criminal Proceedings) Act 1987 (NSW), the name of the accused must not be published or broadcast in a way that connects the accused with the subject criminal proceedings.

JUDGMENT

Introduction

1. The Applicant DJA [1] , whom I will refer to in this judgment as A, stood trial before myself and a jury during the period 7 May 2025 and 27 May 2025 on an indictment which initially contained the following counts concerning allegations of a sexual nature against a single complainant, whom I will refer to as C:

   1. DJA was a juvenile at the time of the alleged events. C was a child and a complainant. In the circumstances, I have used initials when referring to all witnesses.

1. Count 1 was an allegation that between 24 August 2000 and 24 August 2001 A assaulted C, a person then under the age of 10 years, namely, 9 years, and at the time of such assault committed an act of indecency on C;

2. Count 2 was an allegation that between 24 August 2001 and 24 August 2002, A assaulted C and committed an act of indecency on her in circumstances of aggravation, being that C was under 16 years of age, namely, 10 years;

3. Count 3 was an allegation that between 1 January 2002 and 3 December 2002 A assaulted C and committed an act of indecency on her, in circumstances of aggravation, being that at the time C was under 16 years, namely, 10 or 11 years;

4. Count 4 was an allegation that between 1 January 2003 and 31 December 2003 A indecently assaulted C in circumstances of aggravation being that C was aged under 16 years, namely, 11 or 12 years;

5. Count 5 was an allegation that between 1 January 2003 and 31 December 2003, A had sexual intercourse with C, a person above the age of 10 years and under the age of 16 years, namely, 11 or 12 years.

2. As opened to the jury, the…