R v JL

[2019] QChC 34

CHILDRENS COURT OF QUEENSLAND

CITATION:

R v JL [2019] QChC 34

PARTIES:

THE QUEEN
(Plaintiff)

v

JL
(Defendant)

FILE NO/S:

10/19

DIVISION:

Criminal

PROCEEDING:

Trial – Judge - Alone

ORIGINATING COURT:

Childrens Court of Queensland

DELIVERED ON:

13 November 2019

HEARING DATE:

11 November 2019

JUDGE:

Sheridan DCJ

ORDER:

The defendant is discharged in respect of the count on Indictment 10 of 2019.

CATCHWORDS:

CRIMINAL LAW – PARTICULAR OFFENCES – OFFENCES AGAINST THE PERSON – SEXUAL OFFENCES – INDECENT ASSAULT AND RELATED OFFENCES – GENERALLY – trial by judge sitting without a jury – where the defendant child was charged with one count of indecent treatment of a child under 16, under 12, under care

Criminal Law (Sexual Offences) Act1978 (Qld) s 4A
Youth Justice Act 1992 (Qld) s 98, s 103

R v AW [2005] QCA 152, cited
R v NM [2013] 1 Qd R 374, cited
R v RH [2005] 1 Qd R 180, cited

COUNSEL:

G Meoli for the Crown

S McLennan for the Defendant

SOLICITORS:

Director of Public Prosecutions (Queensland)

Legal Aid Queensland

1. The defendant child is charged with, and has pleaded not guilty to, the offence of having on 3 September 2018 unlawfully and indecently dealt with the complainant, a child under 16, under 12 and under his care at the time. 

1. The particulars of the charge were that the defendant took the complainant’s pants and underwear off while the complainant’s mother was at Kmart.

1. The trial proceeded before me in accordance with the defendant’s election to a trial before a judge without a jury.[1]  In the trial, the defendant did not give or call evidence, as is his right.

   [1]The defendant child was committed for trial before a judge sitting without a jury pursuant to ss 98(2)(a) & (4) of the Youth Justice Act 1992 and that election was not withdrawn pursuant to s 103(3). The child was at all times legally represented.

General approach

1. The burden of proof rests on the prosecution to prove the guilt of the defendant.  There is no burden on a defendant to establish any fact, let alone his innocence.  The defendant is presumed to be innocent.  For the prosecution to discharge its burden of proving the guilt of the defendant, the prosecution is required to prove beyond reasonable doubt every element that goes to make up the offence charged. 

Offence charged

1. The elements of the offence charged are:

1.          The defendant dealt with the complainant, which includes a touching of the child; 

2.          The dealing was indecent; 

3.          The dealing was unlawful in that it was not justified, authorised or excused by law; 

4.          The complainant was under 16 years;

5.          The complainant was under 12 years; and

6.          The complainant was in care of the defendant at the relevant time. 

1. In terms of the elements of the offence, the defendant has admitted the complainant was born on 13 June 2012.  It is further not disputed that the complainant was in the care of the defendant…