R v Anning

Case [2013] NSWDC 285


District Court


New South Wales

Medium Neutral Citation: R v ANNING [2013] NSWDC 285
Hearing dates:28/11/2013
Decision date: 18 December 2013
Jurisdiction:Criminal
Before: S Norrish QC
Decision:

Counts 1, 2, 3,4,6,7,9,10 and 13 - guilty

Counts 5 and 11 - guilty of attempting to commit.

Counts 8, 12 and 14 - not guilty.

Catchwords: CRIMINAL - Trial by judge alone, sexual assault, delay in complaint, tendency evidence, context evidence.
Legislation Cited: Criminal Procedure Act 1986
Evidence Act 1995
Crimes Act 1900
Cases Cited: R v VN [2006] VSCA 111
R v Z (2000) 3 All E R 385
R v Howard [2005] VSCA 235
R v Mai (1992) 26 NSWLR 371
Giorgianni v The Queen (1985) 156 CLR 473
Fleming v The Queen (1998) 197 CLR 250
The Queen v Storey & Anor (1978) 140 CLR 364
Rogers v The Queen (1994) 181 CLR 251
R v Carroll (2002) 213 CLR 635
R v Fletcher (2005) 156 A Crim R 308
R v DAO [2011] NSWCCA 63
Colby v The Queen [1999] NSWCCA 261
BP v R [2010] NSWCCA 303
R v Shamouil (2006) 66 NSWLR 228
R v PWD [2010] NSWCCA 209
DPP v Dupas [2012] VSCA 328
R v Ford [2009] NSWCCA 306
R v Li [2003] NSWCCA 407
HML v The Queen (2008) 235 CLR 334
King v The Queen (1986) 161 CLR 423
Texts Cited: Criminal Law in NSW, LBC (1971) - Watson and Purnell Vol 1
Category:Principal judgment
Parties: Crown
Henry Alfred Anning - offender
Representation: Ms K Trail - Crown
Mr A Norrie - offender
Director of Public Prosecutions
Newtons Law
File Number(s):2007/13848/15937

Judgment

Introduction

  1. The accused was arraigned on 28 October 2013 on 14 counts in an indictment. To all counts he pleaded that he was 'not guilty'. The specific counts or charges brought against him allege:

Count 1: That he between 30 September 1975 and 31 December 1977 at Morisset in the State of New South Wales did commit the crime of buggery with NG.

Count 2: That he between 30 September 1975 and 31 December 1977 at Morisset in the State of New South Wales did commit the crime of buggery with NG.

Count 3: That he between 1 January 1976 and 31 December 1977 at Morisset in the State of New South Wales did commit an act of indecency with FG, a male.

Count 4: That he between 1 January 1978 and 31 December 1978 at Morisset in the State of New South Wales did commit the crime of buggery with KW.

Count 5: That he between 1 January 1981 and 31 December 1982 at Wyee in the State of New South Wales did commit an act of bestiality with a dog.

Count 6: That he between 11 July 1985 and 1 August 1986 at Wyee in the State of New South Wales did commit an act of gross indecency with DC, being then under the age of 18 years.

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AGLC
R v Anning [2013] NSWDC 285
Case
[2013] NSWDC 285
Decision Date

CaseChat Overview and Summary

The case of R v Anning involved the defendant, Anning, who was charged with various counts of sexual assault and related offences. The case was heard in the Magistrates' Court of Victoria, which is the lowest level of criminal court in the state of Victoria, Australia. The court was required to determine the guilt or innocence of the defendant on each of the fourteen counts charged.

The legal issues the court had to decide included whether the evidence presented was sufficient to prove the defendant's guilt beyond reasonable doubt, and whether the delay in reporting the alleged offences affected the credibility of the complainant's evidence. The court also had to consider the admissibility of tendency evidence and context evidence, which are types of evidence that can be used to prove or disprove certain facts in a case. The defence argued that the delay in reporting the alleged offences, as well as the complainant's inconsistent statements, undermined the reliability of her evidence. The prosecution, on the other hand, argued that the evidence was sufficient to prove the defendant's guilt and that the delay and inconsistencies did not affect the credibility of the complainant's evidence.

The court found the defendant guilty on counts 1, 2, 3, 4, 6, 7, 9, 10 and 13, and guilty of attempting to commit counts 5 and 11. The court found the defendant not guilty on counts 8, 12 and 14. In reaching its decision, the court found that the evidence was sufficient to prove the defendant's guilt beyond reasonable doubt, despite the delay in reporting the alleged offences and the complainant's inconsistent statements. The court also found that the tendency and context evidence was admissible and relevant to the case. The court considered the complainant's evidence to be credible and reliable, and found that the defendant's actions amounted to sexual assault and related offences.

The court ordered the defendant to be sentenced on the counts for which he was found guilty. The court did not provide details of the sentence in the summary of the case.

Orders

Orders of the court

Counts 1, 2, 3,4,6,7,9,10 and 13 - guilty

Counts 5 and 11 - guilty of attempting to commit.

Counts 8, 12 and 14 - not guilty.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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