R v Munn - [2021] SADC 97

DISTRICT COURT OF SOUTH AUSTRALIA
(Criminal)
R v MUNN
Criminal Trial by Judge Alone
[2021] SADC 97
Reasons for the Verdicts of his Honour Judge Kimber
26 August 2021
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - MAINTAINING SEXUAL RELATIONSHIP WITH CHILD AND PERSISTENT SEXUAL ABUSE OF CHILD
Defendant charged with Indecent Assault (x2), Unlawful Sexual Intercourse and Maintaining an Unlawful Sexual Relationship (x2).
Three complainants. Evidence of propensity.
Verdict: Guilty of all counts.
Criminal Law Consolidation Act 1935 (SA); Evidence Act 1929 (SA) s 34P, referred to.
R v C, CA [2013] SASCFC 137; Hughes v The Queen (2017) 263 CLR 338; MAS v The Queen [2013] SASCFC 122, applied.

R v MUNN
[2021] SADC 97

R V MUNN, Geoffrey
Introduction

The defendant is charged with the following offences:
First Count
Statement of Offence
Indecent Assault. (Section 56 of the Criminal Law Consolidation Act, 1935).
Particulars of Offence
Geoffrey Wayne Munn between the 1^st day of January 1998 and the 28^th of June 2000 at Angle Vale or another place, indecently assaulted GH by rubbing him on the penis.
This may be a “prescribed offence” within the meaning and for the purposes of section 38 of the Child Safety (Prohibited Persons) Act 2016.
Second Count
Statement of Offence
Unlawful Sexual Intercourse. (Section 49(3) of the Criminal Law Consolidation Act, 1935).
Particulars of Offence
Geoffrey Wayne Munn between the 1^st day of January 1998 and the 28^th of June 2000 at Craigmore, had sexual intercourse with GH, a person above the age of 12 years and under the age of 17 years, by performing an act of fellatio upon GH.
This may be a “prescribed offence” within the meaning and for the purposes of section 38 of the Child Safety (Prohibited Persons) Act 2016.
Third Count
Statement of Offence
Indecent Assault. (Section 56 of the Criminal Law Consolidation Act, 1935).
Particulars of Offence
Geoffrey Wayne Munn between the 1^st day of January 1998 and the 28^th of June 2000 at Craigmore, indecently assaulted GH by kissing him on the mouth.
This may be a “prescribed offence” within the meaning and for the purposes of section 38 of the Child Safety (Prohibited Persons) Act 2016.
Fourth Count
Statement of Offence
Maintaining an Unlawful Sexual Relationship With a Child. (Section 50(1) of the Criminal Law Consolidation Act, 1935).
Geoffrey Wayne Munn between the 1^st day of January 1998 and the 25^th day of November 2003 at Craigmore and other places, maintained an unlawful sexual relationship with AH, a person under the age of 17 years, by engaging in two or more unlawful sexual acts with or towards him, namely:
(a)    Touching AH’s penis on more than one occasion;
(b)    Performing fellatio upon AH on more than one occasion;
(c)    Inserting an object into AH’s anus on more than one occasion;
(d)    Inserting a finger into AH’s anus;
(e)    Masturbating in AH’s presence on more than…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Munn

Details

AGLC: R v Munn [2021] SADC 97
Case: [2021] SADC 97
Decision Date: 26 August 2021

CaseChat Overview and Summary

The case of R v Munn involved a defendant who faced multiple charges related to sexual offences against children. The charges included two counts of indecent assault, one count of unlawful sexual intercourse, and two counts of maintaining an unlawful sexual relationship with a child. The proceedings were heard in a criminal court, where the defendant was alleged to have engaged in sexual acts with three different complainants. The prosecution sought to establish a pattern of behaviour through evidence of propensity.

The legal issues before the court were primarily concerned with the interpretation and application of the statutory provisions relating to sexual offences against children. The court had to determine whether the prosecution had proven beyond reasonable doubt that the defendant had committed the offences as charged. A significant aspect of the case was the consideration of evidence of propensity, which the prosecution sought to introduce to demonstrate a pattern of abusive behaviour. The court needed to weigh the probative value of this evidence against any prejudicial effect it might have on the jury.

In reaching its verdict, the court meticulously examined the evidence presented by both the prosecution and the defence. It found that the prosecution had successfully established the defendant's guilt on all counts. The court considered the testimonies of the complainants, who provided detailed accounts of their interactions with the defendant, as well as any corroborative evidence. The court also considered the relevance and admissibility of the evidence of propensity, ultimately finding it to be sufficiently probative to support the charges. The defendant was found guilty on all counts of indecent assault, unlawful sexual intercourse, and maintaining an unlawful sexual relationship with a child.

The final orders of the court mandated that the defendant be held accountable for the offences. As a result, the defendant was convicted and faced the appropriate legal consequences for each charge. The court's decision highlighted the importance of safeguarding children from sexual abuse and ensuring that perpetrators are brought to justice. The outcome underscored the judiciary's commitment to addressing and penalising such serious offences against vulnerable individuals.

Orders

Orders of the court

Defendant charged with Indecent Assault (x2), Unlawful Sexual Intercourse and Maintaining an Unlawful Sexual Relationship (x2).

Three complainants. Evidence of propensity.

Verdict: Guilty of 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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