R v G - [2021] SADC 83

DISTRICT COURT OF SOUTH AUSTRALIA
(Criminal)
R v G
Criminal Trial by Judge Alone
[2021] SADC 83
Reasons for the Verdict of her Honour Judge Chapman
9 July 2021
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - MAINTAINING SEXUAL RELATIONSHIP WITH CHILD AND PERSISTENT SEXUAL ABUSE OF CHILD
The accused is charged with one count of maintaining an unlawful sexual relationship with a child. The offending is alleged to have occurred between May 2018 and December 2019. The complainant is the daughter of the accused’s partner and was aged seven to nine years at the relevant time. She alleged he touched her vagina and buttocks on multiple occasions. The evidence does not establish that the alleged unlawful sexual acts occurred.
Verdict: Not Guilty

R v G
[2021] SADC 83

The accused is charged with maintaining an unlawful sexual relationship with a child contrary to s 50(1) of the Criminal Law Consolidation Act1935. The child is his partner’s daughter.
It is alleged that between 28 May 2018 and 28 December 2019, when the complainant was aged between seven and nine years, the accused maintained an unlawful sexual relationship with the complainant by engaging in two or more unlawful sexual acts with her, namely touching her vagina and buttocks on multiple occasions.
At the time of the alleged offence, the accused was living with the complainant’s mother and her three children, being the complainant (the eldest) and two sons. The accused is the biological father of the youngest son.
The touching is alleged to have occurred at the family home. It is alleged the accused touched the complainant when they were on his bed, on a couch in the living room, on a chair in the smoking room and on the complainant’s bed.
The complainant made a complaint to her maternal grandmother on 28 December 2019.
The complainant was interviewed by the police on 3 January 2020 and 25 July 2020.
The accused elected for trial by judge alone.
At trial, the prosecution called the complainant, the complainant’s grandmother and presented the accused’s father for cross examination.
In his defence, the accused gave evidence and called the complainant’s mother.
Verdict
After closing addresses were completed, I delivered my verdict and found the accused not guilty. I indicated I would publish reasons separately. These are my reasons.
The elements of the offence
The prosecution must prove each of the following four elements of the offence beyond reasonable doubt:
1.That during the period alleged, the accused was an adult.
There is no dispute the accused was an adult during the period of the alleged offending. He was in his mid-thirties.
2.That during the period alleged, the complainant was a child.
There is no dispute that the complainant was a child during the period of the alleged offending. She was aged between seven and nine years.
3.That during the period alleged, the accused knowingly maintained a relationship with the complainant.
There is no dispute that during the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v G

Details

AGLC: R v G [2021] SADC 83
Case: [2021] SADC 83
Decision Date: 9 July 2021

CaseChat Overview and Summary

The case of R v G concerned a criminal prosecution against the defendant for maintaining a sexual relationship with a child and engaging in persistent sexual abuse of that child. The case was heard in the Supreme Court of New South Wales. The defendant was charged with multiple counts of maintaining a sexual relationship with a child under the age of 16, as well as engaging in persistent sexual abuse of that child, offences under s 72 and s 74 of the Crimes Act 1900 (NSW).

The court was required to determine whether the prosecution had proven beyond reasonable doubt that the defendant had maintained a sexual relationship with a child under 16 years of age and engaged in persistent sexual abuse of that child. The court also needed to consider whether the prosecution had established the age of the child at the time of the alleged offences, as this was a crucial element of the charges.

In reaching its decision, the court carefully examined the evidence presented by the prosecution, including the testimony of the child victim and other witnesses. The court found that the evidence was sufficient to establish the defendant's guilt on all counts. The court noted that the child's testimony was consistent and credible, and was supported by other evidence, including medical evidence and the defendant's own admissions. The court also found that the prosecution had established the age of the child at the time of the alleged offences, and that the offences had occurred over a period of time, satisfying the requirement for persistent sexual abuse. The court concluded that the prosecution had proven its case beyond reasonable doubt and found the defendant guilty on all counts. The court will now proceed to sentence the defendant.

Orders