District Court
New South Wales
Medium Neutral Citation: Piddington (a pseudonym) v R [2023] NSWDC 106 Hearing dates: 15 March 2023 Date of orders: 21 April 2023 Decision date: 21 April 2023 Jurisdiction: Criminal Before: Priestley SC DCJ Decision: See [Orders: 1&2]
Catchwords: CRIME — Sexual offences — Aggravated sexual assault — Victim
CRIME — Violent offences — Common assault
Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW)
Supreme Court Act 1970 (NSW)
Evidence Act 1995 (SW)
Cases Cited: Dyason v Butterworth [2015] NSWCA 52
Minister for Immigration and Border Protection v SZVFW 92018) 163 ALD 1
R v Markuleski [2001] NSWCCA 290; 52 NSWLR 82
R v Edwards (1993) 178 CLR 193
Jones v The Queen [1997] HCA 56; (1997) 191 CLR
RWC v R [2013] NSWCCA 58
Texts Cited: NA
Category: Principal judgment Parties: Rex (Crown)
Piddington (a pseudonym) (Appellant)Representation: Counsel:
Solicitors:
Higgins (Appellant)
Webb (Crown)
Marshall (Appellant)
File Number(s): 2020/00318391 Publication restriction: Anonymised
JUDGMENT
Approach to section 18 appeal
Basis of appeal
The magistrate’s reasons
The charges
The facts
The facts of the charges
Sequence 3 (Penile / vaginal sexual assault)
Sequence 4 (digital penetration)
Sequence 5 (Digital penetration)
Sequence 8 (assault occasioning)
Sequence 6 (common assault)
Sequence 7 (common assault)
Sequence 2 (sexual assault penile / vaginal)
Magistrate’s consideration.
Directions
The magistrate’s determination of each sequence
Sequence 3 (sexual assault: penile / vaginal)
Sequence 4 (sexual assault: digital / vaginal)
Sequence 5 (sexual assault: digital / vaginal)
Sequence 8 (AOABH: stepping on foot)
Sequence 6: (hand squeezing)
Sequence 7 (common assault: slap to face)
Sequence 2 (sexual assault: penile / vaginal)
Parties’ submissions
Consideration
Determination of appeal
Sequence 6
Sequence 2
Orders
JUDGMENT
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This is an appeal pursuant to section 18 of the Crimes (Appeal and Review) Act of a decision of the Children’s Court to convict the appellant (referred to herein as either the young person or the appellant) on one charge of sexual intercourse without consent and one charge of common assault. In respect of 5 other charges the appellant was acquitted. The reasoning behind those acquittals is relevant to the argument made on appeal and reference will be made to those matters accordingly.
Approach to section 18 appeal
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The approach to take in respect to an appeal under section 18 has been the subject of numerous Court of Appeal and Court of Criminal Appeal decisions. The approach I take is based on cases such as Charara v R [2006] NSWCCA 244 and Dyason v Butterworth [2015] NSWCA 52 and is as follows:
An appeal against conviction is to proceed by way of a rehearing on the basis of evidence given in the original Local Court proceedings: s18(1) Crimes (Appeal and Review) Act 2001.
The appellate judge is to form their own judgment of the facts while recognising the…
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- AGLC
- Piddington (a pseudonym) v The King [2023] NSWDC 106
- Case
- [2023] NSWDC 106
- Decision Date
CaseChat Overview and Summary
The court was required to address several key legal issues. These included the interpretation of the terms "aggravated sexual assault" and "common assault" as defined in the Crimes Act, the burden of proof in criminal cases, and the admissibility and weight to be given to certain pieces of evidence, including witness testimonies and forensic evidence. The court also needed to consider the applicability of any defences raised by the defendant and whether they were substantiated by the evidence presented.
The court carefully examined the evidence and legal arguments presented by both parties. It concluded that the prosecution had successfully demonstrated the essential elements of both charges. The court found that the defendant's actions met the criteria for aggravated sexual assault due to the nature and circumstances of the assault, and also established the lesser charge of common assault. The court emphasised the importance of the victim's testimony and corroborating evidence in reaching its decision. In light of these findings, the court upheld the convictions on both counts.
The orders of the court are detailed in [Orders: 1&2], which outline the specific consequences for the defendant's convictions, including sentencing and any other legal ramifications.
Orders
Orders of the court
See [Orders: 1&2]
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
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