R v D, P J

Case [2015] SADC 79


DISTRICT COURT OF SOUTH AUSTRALIA

(Criminal)

R v D, P J

Criminal Trial by Judge Alone

[2015] SADC 79

Reasons for the Verdicts of His Honour Judge Beazley

28 May 2015

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES

Trial by Judge Alone - accused charged with two counts of indecent assault - offences allegedly occurred when the complainant was aged 12 years - complainant aged 38 and accused aged 60 years as at the date of trial - prosecution case based entirely upon acceptance beyond reasonable doubt of the truth and reliability of the evidence of the complainant, and the rejection of the defence case- discreditable conduct alleged - relevance of prior inconsistent statements  of the complainant - substantial forensic disadvantage to the accused by the delay - whether prosecution case proved beyond reasonable doubt.

Verdict: Accused not guilty of each of the two charged offences.

Criminal Law Consolidation Act (1935) s 56; Evidence Act (1929) s 43 CB, s 34L(5), s 34P; Juries Act (1927) s 7, referred to.
BCM v The Queen [2013] HCA 48; Douglass v The Queen [2012] HCA 34; R v M, BJ [2011] SASCFC 50; R v Liddy (2002) 81 SASR 22; R v Keyte (2000) 78 SASR 68; Thorne v The Queen [2007] NSWCCA 10; R v R TB [2002] NSWCCA 104; R v Dann [2000] NSWCCA 185; R v Livingstone [2011] SASCFC 28; R v T, WA (2014) 118 SASR 382; Markou v R [2012] NSWCCA 64; R v R, R & R, LJ [2008] SASC 35; Palmer v The Queen (1998) 193 CLR 1; Abrahamson v The Queen (1994) 63 SASR 139; Hargraves v The Queen [2011] HCA 44; Murray v The Queen (2002) 211 CLR 193; R v El Rifai [2012] SASCFC 98; R v ATM [2002] NSWCCA 475; WFS v The Queen [2011] VSCA 347; WFS v The Queen [2011] VSCA 347; R v BFB (2003) 87 SASR 278; R v H, T (2010) 108 SASR 86; R v S, DD (2010) 273 LSJS 571; R v Lapins [2007] SASC 281; R v Maiolo (No 2) [2013] SASCFC 36; R v A, GP [2012] SASCFC 81; R v Brady [2014] SASCFC 7; R v Smith [2013] SASCFC 128; R v E, DJ (2012) 112 SASR 225; R v Kerin [2013] SASCFC 56; R v Gavare [2011] SASCFC 38; R v Lomman [2014] SASCFC 55; R v M, JJ [2013] SASCFC 51; R v D, WD [2013] SASCFC 32, considered.

R v D, P J
[2015] SADC 79

Criminal Trial by Judge Alone

Introduction

  1. I will employ pseudonyms when referring to the complainant, the accused and the other witnesses, so as to ensure that there is no breach of s 71A(4) of the Evidence Act, 1929 (SA).

  2. P D (‘the…

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R v D, P J [2015] SADC 79
Case
[2015] SADC 79
Decision Date

CaseChat Overview and Summary

The case before the court involved an individual charged with two counts of indecent assault against a complainant who was 12 years old at the time of the alleged offences. The complainant, now aged 38, faced a 60-year-old accused. The trial proceeded by way of a judge-alone trial, relying entirely on the complainant's testimony and rejecting the defence's discreditable conduct allegations. A key issue was the credibility and reliability of the complainant's evidence, along with the relevance of her prior inconsistent statements and the substantial forensic disadvantage due to the delay in reporting the offences.

The court examined whether the prosecution had proven its case beyond reasonable doubt, given the absence of corroborating evidence and the significant time elapsed since the alleged incidents. The judge considered the complainant's demeanour, consistency of her statements, and the absence of any physical evidence linking the accused to the offences. The court also evaluated the impact of the delay in reporting and the credibility of the defence's arguments regarding the reliability of the complainant's testimony.

After careful consideration of the evidence, the court found that the prosecution had not proven its case beyond reasonable doubt. The judge concluded that there were significant inconsistencies in the complainant's account and that the delay in reporting undermined her credibility. The court found the accused not guilty on both counts of indecent assault. The judge delivered a detailed analysis of the evidence and the applicable legal standards, providing a comprehensive rationale for the verdict.

The final orders of the court were that the accused be acquitted on both counts of indecent assault. The judge provided a detailed explanation of the reasons for the verdict, ensuring clarity for any potential appeals or legal considerations arising from the case.

Orders

Orders of the court

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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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