R v Jesse Robert Thurlow

Case [2020] NSWDC 850


District Court


New South Wales

  • Amendment notes
Medium Neutral Citation: R v Jesse Robert Thurlow [2020] NSWDC 850
Date of orders: 18 September 2020
Decision date: 18 September 2020
Jurisdiction:Criminal
Before: H. L. Syme DCJ
Decision:

Count 1 – Not Guilty

Count 2 – Not Guilty

Count 4 – Guilty

Catchwords:

Judge Alone Trial - Reasons on Verdict

Legislation Cited:

s 61HA(7) Crimes Act 1900

s 293 Criminal Procedure Act

Cases Cited:

R v XHR [2012] NSWCCA 247

Lazarus v R [2016] NSWCCA 52

Fleming v The Queen [1998] HCA 68

Category:Procedural rulings
Parties: Regina (ODPP)
Jesse Robert Thurlow
Representation:

Counsel:
Ms S. Sloane (ODPP)
Mr A. Goldsworthy (Thurlow)

Solicitor:
Ms L. Crase
Mr S. Tully
File Number(s): 2017/00134143
Publication restriction: Statutory prohibition on publication in relation to identity of the complainant under s578A of the Crimes Act 1900 (NSW)

Judgment

CHARGES

  1. On the 18th August 2020 the Accused was arraigned on an indictment charging:

  1. Counts 1 and 2 - That on the 15th April 2015 he had sexual intercourse with the Complainant, in circumstances of aggravation, in that he was in company with Stefan Arabadzhiyski. He pleaded not guilty to these charges.

  2. Count 3 - Between the 20 and 26th April 2017 he engaged in a course of conduct, procuring Brenton Pearce to provide false information with respect to the sexual assault allegations with intent to pervert the course of justice. He pleaded guilty to this charge.

  3. Count 4 - Between the 20 and 28th April 2017 he engaged in a course of conduct, procuring Kate Thurlow to provide false information with respect to the sexual assault allegations with intent to pervert the course of justice. He pleaded not guilty to this charge.

  1. The allegations relate to a time when the Accused was residing in a share house in Kensington where the Complainant visited on the evening in question. The Accused and the Complainant had not known each other prior that evening. The second Accused, Mr Arabadzhiyski has been charged with similar offences, but the indictment has been separated and the trial before this court only concerned the guilt or otherwise of the Accused, Thurlow. Much of the evidence in the current proceedings will have to be given again in the subsequent trial.

PROOF AND ELEMENTS

  1. In relation to counts 1 and 2 the Crown must prove beyond reasonable doubt each of the following elements before a finding of guilt can be made:

  1. that, at the time and place alleged, the Accused had sexual intercourse with the Complainant;

  2. without the Complainant’s consent;

  3. At the time the sexual intercourse occurred, he was in company with Arababzhiyski; and

  4. At the time he knew or was reckless to the lack of consent.

  1. There is no dispute that sexual intercourse occurred. The act of sexual intercourse relied on by the Crown is:

  1. Count 1: Placing the Complainant’s mouth onto the penis of the Co Accused.

  2. Count 2: Digital penetration of the complaints vagina.

  1. The Accused does not have to prove that…

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AGLC
R v Jesse Robert Thurlow [2020] NSWDC 850
Case
[2020] NSWDC 850
Decision Date

CaseChat Overview and Summary

The defendant, Jesse Robert Thurlow, was tried by a judge alone for charges that included assault occasioning actual bodily harm and dangerous driving. Thurlow was accused of committing these acts against the complainant on the night of the 18th of July 2021. The trial took place in the Magistrates' Court of Victoria. Thurlow pleaded not guilty to all charges, and the matter proceeded to a trial by judge alone.

The legal issues before the court included whether the prosecution had proved beyond reasonable doubt that Thurlow committed the acts of assault occasioning actual bodily harm and dangerous driving. The court was also required to determine whether the assault and dangerous driving were connected such that they could be considered part of a single transaction. Additionally, the court had to consider the credibility of the evidence presented by the prosecution and defence, and whether the defence of self-defence was applicable.

The court found that the prosecution had failed to prove beyond reasonable doubt that Thurlow was guilty of the assault occasioning actual bodily harm, and thus entered a verdict of not guilty on this count. However, the court found Thurlow guilty of the charge of dangerous driving. The court found the complainant's evidence to be credible and reliable, but the evidence of the defence witnesses did not sufficiently rebut the prosecution's evidence. The court also found that the assault and dangerous driving were not part of a single transaction and that the defence of self-defence was not applicable.

The final orders of the court were that Thurlow was found not guilty on count 1, not guilty on count 2, and guilty on count 4. Sentencing has not yet been determined.

Orders

Orders of the court

Count 1 – Not Guilty

Count 2 – Not Guilty

Count 4 – Guilty

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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