SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Masina (No 3) |
Citation: | [2020] ACTSC 154 |
Hearing Dates: | 10 – 16 June 2020 |
DecisionDate: | 19 June 2020 |
Before: | Mossop J |
Decision: | On counts 1, 2, 3 and 4 in the indictment dated 13 September 2019 the accused, Alofa Talouli Masina, is not guilty. |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Trial by judge alone – sexual intercourse without consent – acts of indecency – strong complaint and tendency evidence – temporally confined nature of allegation – accused had alibi for specific dates – satisfied of each element of the offences – reasonable doubt about whether offending occurred in the period specified on indictment – not guilty |
Legislation Cited: | Crimes Act 1900 (ACT), ss 50, 54, 60, 67 Evidence (Miscellaneous Provisions) Act 1991 (ACT) ss 49, 57, 80B Supreme Court Act 1993 (ACT) ss 68B, 68C |
Cases Cited: | Banditt v The Queen [2005] HCA 80; 224 CLR 262 Director of Public Prosecutions v Jarvis (a pseudonym) [2018] VSCA 173; 55 VR 543 |
Parties: | The Queen (Crown) Alofa Talouli Masina (Accused) |
Representation: | Counsel S Jerome (Crown) G Urbas (Accused) |
| Solicitors ACT Director of Public Prosecutions (Crown) McKenna Taylor (Accused) | |
File Number: | SCC 196 of 2019 |
MOSSOP J:
Introduction
The accused, Alofa Talouli Masina, is alleged to have committed four offences “on or about 2 February 2018”. The complainant in relation to each offence is a woman who will be referred to in these reasons as “the complainant”. The offences alleged are:
(a)count 1: committing an act of indecency on the complainant contrary to s 60 of the Crimes Act 1900 (ACT);
(b)count 2: sexual intercourse without consent contrary to s 54 of the Crimes Act;
(c)count 3: committing an act of indecency on the complainant contrary to s 60 of the Crimes Act; and
(d)count 4: committing an act of indecency on the complainant contrary to s 60 of the Crimes Act.
The accused was a pastor in the Matagofie Baptist Church, the membership of which was largely or exclusively people of Samoan heritage. Although the church was based in Sydney, the complainant was also considered to be part of the church even though she lived in Canberra. The accused is alleged to have attended her house in order to perform a “prayer of deliverance”. He is alleged to have instructed her that it was necessary, as part of…
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CaseChat Overview and Summary
The primary legal issues before the court involved determining whether the defendant was guilty of the offences as alleged in the indictment, taking into account the evidence presented, including the strong complaint and tendency evidence. The court was required to assess the credibility of the complainants' testimonies and weigh the evidence in light of the defendant's alibi. The court had to decide whether the evidence was sufficient to satisfy it beyond reasonable doubt that the alleged offences occurred within the period specified in the indictment.
The court found that while it was satisfied of each element of the offences, there was a reasonable doubt about whether the offending occurred in the period specified on the indictment. Consequently, the court acquitted the defendant on counts 1, 2, 3 and 4 of the indictment dated 13 September 2019. The court's reasoning hinged on the specific dates of the alleged offences and the defendant's alibi, which created a reasonable doubt as to the exact timing of the incidents.
Orders
Orders of the court
On counts 1, 2, 3 and 4 in the indictment dated 13 September 2019 the accused, Alofa Talouli Masina, is not 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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