District Court
New South Wales
Medium Neutral Citation: R v Jandamarra (A pseudonym) [2020] NSWDC 424 Hearing dates: 18 May 2020 - 22 May 2020 Date of orders: 3 June 2020 Decision date: 03 June 2020 Jurisdiction: Criminal Before: Grant DCJ Decision: The accused is found not guilty on all counts.
Catchwords: Criminal law – Judge alone trial – sexual intercourse - child complainant
Legislation Cited: Crimes Act 1900
Cases Cited: Fleming v The Queen [1998] 197 CLR 250
Category: Principal judgment Parties: Regina (Crown)
Jandamarra – A pseudonym (Accused)Representation: Counsel:
Solicitors:
Mr Radojev (Accused)
Ms Morgan (Solicitor advocate DPP)
Mr Baumgarten (Crown)
Mr Barron (Accused)
File Number(s): 2018/00258291 Publication restriction: Statutory non-publication order re identity of complainant.
Judgment
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HIS HONOUR: On 18 May 2020 Jandamarra (the accused) appeared before the Griffith District Court sitting at Albury. The Court sat at Albury to facilitate the evidence of a child complainant who had travelled from Traralgon in Victoria to Albury.
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A Judge Alone election had been filed. The Crown opposed a Judge Alone trial. On 30 April 2020, following my decision in R v Johnson [2020] NSWDC 153, I directed a Judge Alone trial.
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The accused was arraigned and pleaded not guilty. He pleaded not guilty to the following counts:
Count 1: Between 1 July 2017 and 14 August 2018, in Deniliquin in the State of New South Wales did have sexual intercourse with JCK, who was at the time under the age of ten years, namely of the age of eight or nine years, contrary to s 66A(1) of the Crimes Act 1900.
And the Director of Public Prosecutions further charges, in the alternative to count 1,
Count 2: between 1 July 2017 and 14 August 2018, at Deniliquin in the State of New South Wales did assault JCK, a person then under the age of 16 years, namely eight or nine years old, and at the time of such assault did commit an act of indecency on the said JCK contrary to s 61M(2) of the Crimes Act.
Count 3: between 1 July 2017 and 14 August 2018 at Deniliquin in the State of New South Wales did assault JCK, a person then under the age of 16 years, namely eight or nine years old, and at the time of such assault did commit an act of indecency on the said JCK contrary to s 61M(2) of the Crimes Act.
Count 4: between 1 July 2017 and 14 August 2018 at Deniliquin in the State of New South Wales did assault JCK, a person then under the age of 16 years, namely eight or nine years old, and at the time of such assault did commit an act of indecency on the said JCK contrary to s 61M(2) of the Crimes Act.
Count 5: between 1 July 2017 and 14 August 2018 at Deniliquin in the State of New South Wales did assault JCK, a person…
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- AGLC
- R v Jandamarra (a pseudonym) [2020] NSWDC 424
- Case
- [2020] NSWDC 424
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether the child complainant was credible and whether the evidence presented was sufficient to establish guilt beyond reasonable doubt. The court had to assess the reliability of the child's testimony, considering her age and the circumstances under which the alleged offences occurred. Additionally, the absence of physical evidence or corroboration posed a significant challenge in establishing the defendant's guilt.
The court meticulously evaluated the testimony of the child complainant, considering her demeanour and the consistency of her statements. The absence of physical evidence or other corroborative testimony further complicated the assessment of the case. Ultimately, the court concluded that there were reasonable doubts as to the defendant's guilt. Consequently, the accused was found not guilty on all counts.
The court's decision resulted in the acquittal of the accused on all charges. The lack of corroborative evidence and reasonable doubts about the credibility of the complainant led to this outcome. The court's ruling underscores the importance of robust evidence in criminal trials, particularly in cases involving allegations of sexual offences against children.
Orders
Orders of the court
The accused is found not guilty on all counts.
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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