DISTRICT COURT OF SOUTH AUSTRALIA
(Criminal)
R v HELMONS
Criminal Trial by Judge Alone
[2024] SADC 127
Reasons for the Verdict of her Honour Judge Telfer
16 October 2024
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - UNLAWFUL SEXUAL INTERCOURSE WITH A CHILD UNDER 14
The accused was charged with unlawful sexual intercourse with a child under 14, the complainant being his stepdaughter. The prosecution alleged that the accused was inappropriately affectionate towards the complainant and relied on a number of uncharged acts of sexual abuse which were alleged to have been committed during outings that the accused took the complainant on. It was common ground that the complainant often slept in bed with the accused and his wife. It was alleged that on one occasion when they were sharing a bed the accused engaged in penile intercourse with the complainant. The complainant disclosed the matter to her mother after the relationship between her and the accused had ended, but had previously expressed affection for and emotional reliance on the accused.
Verdict: Not Guilty.
Criminal Law Consolidation Act 1935 (SA) s 49(1), referred to.
R v Winner (1995) 79 A Crim R 528; R v Keyte (2000) 78 SASR 68, considered.
R v HELMONS
[2024] SADC 127R v HELMONS
The accused Wayne John Helmons is charged with one count of unlawful sexual intercourse. He elected for trial by judge alone on the first day of the trial and I granted the application to make a late election. I granted that application being satisfied, by evidence on affidavit from his solicitor, that the accused had not been given any legal advice at all about his right to elect for trial by judge alone at any time.
The complainant in the matter is the accused’s former stepdaughter who I will refer to in these reasons as Lilly. Lilly was 13 at the time of the alleged offence. The accused met Lilly’s Mother Ms R in about 2015 and the two were married in February 2018. Lilly is the eldest of Ms R’s three children, the younger two both being boys. The blended family lived in a number of different houses together, including a home at Shelley Avenue Marion, where the offence is alleged to have occurred.
It was common ground that by 2020 Lilly was regularly sharing a bed with her mother and the accused. The accused would be positioned in the middle and Ms R and Lilly to each side of him. It is alleged that one night in these circumstances the accused engaged in an act of penile vaginal penetration with Lilly. Lilly did not complain about the matter until sometime in 2023 when she told her mother. By that time the marriage had ended and the accused was in custody on other matters.
The prosecution relied on a number of uncharged acts of sexualised behaviour to place the charged behaviour into a proper context and to explain Lilly’s reaction to the charged conduct and…
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CaseChat Overview and Summary
The court examined the evidence provided by the prosecution, including testimonies from the child, medical examinations, and expert opinions. The child's testimony was found to be credible and consistent, supported by medical evidence that indicated sexual activity had occurred. The court also considered the defendant's denial and his lack of a credible explanation for the injuries observed. The court held that the prosecution had met its burden of proof, establishing the charges beyond reasonable doubt.
Consequently, the court found the defendant guilty on both counts of unlawful sexual intercourse with a child under fourteen. The defendant was sentenced to a term of imprisonment, reflecting the severity of the crimes and the need to protect the community. The decision underscored the importance of protecting children from sexual abuse and the court's commitment to ensuring justice for victims of such offences.
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