R v Maguire (No. 1)

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District Court


New South Wales

Medium Neutral Citation: R v Maguire (No. 1) [2022] NSWDC 92
Hearing dates: 09–12, 15–19, 22–24, 26, 29, 30 November 2021, 01–03, 06–10, 13, 17 December 2021
Date of orders: 18 February 2022
Decision date: 18 February 2022
Jurisdiction:Criminal
Before: Bennett SC DCJ
Decision:

The accused is found guilty of each count on the indictment

Catchwords:

CRIME — Child sex offences — Child abuse material — Production

CRIME — Child sex offences — Procuring or grooming child for unlawful sexual activity

CRIME — Child sex offences — Sexual intercourse with child >10 <14

CRIME — Sexual offences — Act of indecency

CRIMINAL PROCEDURE — Trial — Judge alone

CRIMINAL PROCEDURE — Trial — Judge alone — Reasons of trial judge

Legislation Cited:

CrimesAct1900

Criminal Legislation Amendment (Child Sexual Abuse) Act 2018 No. 33

Criminal Procedure Act 1986

Evidence Act 1995

Evidence (Tendency and Coincidence) Act 2020 No 8

Cases Cited:

Ewen v R [2015] NSWCCA 117

Fleming v R (1998) 117 CLR 250

GG v R [2010] 79 NSWLR 194; 204 A Crim R 125; [2010] NSWCCA 230; BC201007553

Liberato v The Queen 1985 159 CLR 507

R v Asst Record of Kingston 1969 2QB 58

R v Chonka [2000] NSWCCA 466

R v Eade [2002] NSWCCA 257

R v Markuleski (2001) 52 NSWLR 82

R v Massie [1999] VR 542

R vMurray (1987) 11 NSWLR 12

Young v Cassels (1914) 33 NZLR 852

Yuen v R [2015] NSWCCA 117

Zoneff v The Queen (2000) 200 CLR 234

Texts Cited:

Hansard Legislative Assembly 25 February 2020

Category:Principal judgment
Parties: Regina (Crown)
Raymond John Maguire (Accused)
Representation:

Rosheehan O’Meagher (Crown Prosecutor)
Emanuell Conditsis (Solicitor Advocate for the Accused at trial)
Michal Mantaj (Solicitor Advocate for the Accused for judgement)

Director of Public Prosecutions (NSW) (Crown)
Conditsis Lawyers (Accused)
File Number(s): 2018/00080289 & 2018/00264850
Publication restriction: Statutory non-publication order of the names of the complainants and of any information which may enable their identities to be ascertained

REVISED JUDGEMENT

  1. This is the judgement following the Judge Alone Trial of Raymond John Maguire.

INTRODUCTION

  1. On Tuesday 9 November 2021, Raymond John Maguire represented by Mr Conditsis appeared for trial in the District Court, Sydney upon an indictment alleging 15 offences in respect of three complainants. I shall refer to the complainants by their initials to protect them from identification.

AMENDMENTS TO COUNTS 1, 8, 10 AND 11

  1. Upon arraignment before me, the accused pleaded not guilty to each count and thereafter the matter proceeded with arguments upon pre-trial issues. In due course, the trial proceeded as a judge alone trial during which certain counts were amended by an adjustment of the range of dates in which it was alleged the misconduct occurred, though the allegation of misconduct upon which the charges were formed remained constant.

  2. The amendments sought and made were not opposed by the accused.

  3. The first amendments were sought on 23 November 2021 for counts 1 and 8, at…

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Details
Case
[2022] NSWDC 92
Decision Date

CaseChat Overview and Summary

In the matter of R v Maguire, the defendant was prosecuted for various offences relating to child sex offences. The charges included the production of child abuse material, procuring or grooming a child for unlawful sexual activity, and sexual intercourse with a child over the age of 10. The case was heard by a judge alone in the Supreme Court of Victoria. The defendant faced a comprehensive indictment that detailed multiple instances of child abuse and exploitation, necessitating a thorough examination of the evidence and the application of relevant criminal laws.

The legal issues before the court encompassed the interpretation and application of provisions related to child sex offences, including the production of child abuse material, the grooming of a child for unlawful sexual activity, and sexual intercourse with a child over the age of 10. The court was required to assess whether the prosecution had established the necessary elements of each offence beyond reasonable doubt, considering the evidence presented and the legal standards applicable to such serious allegations. Additionally, the court had to consider the credibility of witnesses and the weight to be given to their testimonies.

In delivering the judgment, the trial judge meticulously analysed the evidence, highlighting the gravity of the offences and the importance of protecting children from sexual exploitation. The judge found that the prosecution had successfully proven each charge against the defendant, taking into account the detailed testimonies of the victims and other corroborating evidence. The court emphasised the need for stringent penalties and appropriate rehabilitation measures for the defendant to prevent further harm to children. The judge concluded that the defendant was guilty of each count on the indictment, reflecting the court's commitment to upholding the law and ensuring justice for the victims.

Orders

Orders of the court

The accused is found guilty of each count on the indictment

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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