District Court of South Australia
(Criminal)
R v CW
Criminal Trial by Judge Alone
[2023] SADC 5
Reasons for the Verdicts of her Honour Judge Fuller
31 January 2023
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - UNLAWFUL SEXUAL INTERCOURSE OR CARNAL KNOWLEDGE - GENERALLY
Accused charged with six counts of unlawful sexual intercourse with a person under the age of 17 - offending alleged to have occurred on three separate occasions in November 2020 - complainant 16 years of age - accused and complainant lived in share house with 3 others including owner of house - accused and complainant observed by housemates to spend a lot of time together, including going out to dinners and the accused driving complainant to and from school - evidence of initial complaint and elaboration of complaint to one house mate - owner of house gave evidence that the accused confessed to having had sexual intercourse with complainant after alleged offending came to light.
Held: Evidence of alleged confession rejected - complainant's credibility seriously undermined by proved prior inconsistent statements on material matters and implausibility of explanations for those inconsistencies - complainant unimpressive witness - complainant's evidence rejected where it conflicted with evidence of other prosecution witnesses - unsatisfactory police investigation - complainant's mobile telephone not examined - locations of alleged sexual activity not forensically examined - no evidence corroborating complainant's account of communications of a sexual nature by accused over social media or sexual acts occurring in the share house - evidence of initial complaint and elaboration demonstrated a degree of consistency of conduct but insufficient to overcome cumulative effect of adverse credibility findings.
Verdicts: not guilty on all charges.
Criminal Law Consolidation Act 1935 (SA) ss 49(3); Disability inclusion Act (SA) ss 18A, 18U; Juries Act 1927 (SA) s 7; Evidence Act 1929 (SA) ss 34L, 34M, 34P(2)(a), referred to.
R v G [2015] SASC 186; R v Keyte (2000) 78 SASR 68; Douglass v The Queen (2012) ALJR 1086; AK v The State of Western Australia (2008) 232 CLR 438; R v Markuleski (2001) 52 NSWLR 82; Burns v R (1975) 132 CLR 258, considered.
R v CW
[2023] SADC 5The charges
The accused has been charged on an Information dated 18 November 2022 with the following offences:
Count 1:
Offence Details:
Unlawful Sexual Intercourse. (Section 49(3) of the Criminal Law Consolidation Act, 1935).
Particulars
[The accused] on or about the 17th day of November 2020 at Semaphore, had sexual intercourse with [WMN], a person under the age of 17 years, by performing an act of fellatio upon him.
Prescribed, Qualifying, Disqualification and/or Presumptive Disqualification Offence
This may be a ‘disqualification offence’ within the meaning of sections 18A and 18U of the Disability Inclusion Act 2018.
Count 2:
Offence Details:
Unlawful Sexual Intercourse. (Ibid).
Particulars
[The accused] on or about the 17th day of November 2020 at Semaphore, had sexual intercourse with [WMN], a person under the age…
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- AGLC
- R v CW [2023] SADC 5
- Case
- [2023] SADC 5
- Decision Date
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