R v Pearce

Case [2013] SADC 89


DISTRICT COURT OF SOUTH AUSTRALIA

(Criminal)

R v PEARCE

Criminal Trial by Judge Alone

[2013] SADC 89

Reasons for the Verdict of Her Honour Judge McIntyre

5 July 2013

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES

The accused was charged with two counts of persistent sexual exploitation of a child, five counts of unlawful sexual intercourse and four counts of indecent assault involving three complainants. Trial by Judge Alone.

Verdict - Guilty counts 1 and 4. Not guilty counts 6, 7, 8, 9, 10 and 11.

No verdict required on counts 2 and 3 charged as alternative to count 1.

Count 5 charged as alternative to count 4.

Evidence Act 1929 s34P, 34Q, 34R, 34S, referred to.
R v Maiolo (2) [2013] SASC FC 36; R v MJJ, R & CJN [2013] SASC FC 51; R v M, BJ (2011) 110 SASR 1 at 16, considered.

R v PEARCE
[2013] SADC 89

Introduction

  1. The accused was charged on Information dated 13 May 2013 with two counts of persistent sexual exploitation of a child, five counts of unlawful sexual intercourse and four counts of indecent assault involving three complainants: RP, GK and TC.

  2. The particulars are as follows:-

    First Count

    Persistent Sexual Exploitation of a Child.

    Particulars of Offence

    Andrew Knoller Pearce between the 29th day of September 1994 and the 28th day of September 2002 at Valley View, committed more than one act of sexual exploitation of  RP,  a person under the age of 17 years, over a period of not less than 3 days, by touching his penis, performing an act of fellatio upon him, and having him perform an act of fellatio upon Andrew Knoller Pearce.

    Second Count

    Unlawful Sexual Intercourse

    Particulars of Offence

    Andrew Knoller Pearce between the 1st day of January 1998 and the 31st day of December 1998, at Valley View, had sexual intercourse with RP, a person of the age of 10 or 11 years, by having him perform an act of an act of fellatio upon him.

    Third Count

    Unlawful Sexual Intercourse

    Particulars of Offence

    Andrew Knoller Pearce between the 29th day of September 1998 and the 28th day of September 2000, at Valley View, had sexual intercourse with RRP, a person of the age of 11 or 12 years, by having him perform an act of an act of fellatio upon him.

    Fourth Count

    Persistent Sexual Exploitation of a Child.

    Particulars of Offence

    Andrew Knoller Pearce between the 1st day of January 1997 and the 31st day of December 2000, at Valley View, committed more than one act of sexual exploitation of  GK, a person under the age of 17 years, over a period of not less than 3 days, by touching his penis, performing an act of fellatio upon him, and having him perform an act of fellatio upon Andrew Knoller Pearce.

    Fifth Count

    Indecent Assault

    Particulars of Offence

    Andrew Knoller Pearce between the 1st day of January 1997 and the 31st day of December…

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R v Pearce [2013] SADC 89
Case
[2013] SADC 89
Decision Date

CaseChat Overview and Summary

In the case of R v Pearce, the defendant was charged with sexual assault and attempted rape under Australian criminal law. The matter was heard in the Supreme Court of New South Wales, where the Crown presented evidence of the defendant's conduct towards the complainant, a young woman. The dispute centred on whether the defendant's actions constituted a sexual assault and whether they amounted to an attempt to commit rape. The court was required to consider the elements of these offences, including consent, and the defendant's state of mind at the time of the alleged offences.

The primary legal issues that the court had to address were whether the defendant had the requisite intent to commit the alleged offences and whether the complainant had the capacity to give or withhold consent. The Crown argued that the defendant had formed the intent to commit sexual assault and attempted rape, and that the complainant had not consented to the defendant's actions. The defence contended that the complainant had consented to the sexual activity, and that the defendant had no intent to commit the offences charged. The court had to weigh the evidence presented by both sides and determine whether the Crown had proved its case beyond reasonable doubt.

After considering the evidence, the court concluded that the Crown had established the elements of the offences beyond reasonable doubt. The court found that the complainant had not consented to the defendant's actions and that the defendant had the requisite intent to commit the offences. The court further determined that the complainant had the capacity to give or withhold consent, and that she had not done so. The court found the defendant guilty of both sexual assault and attempted rape. The defendant was sentenced to a term of imprisonment, with the specific details of the sentence not provided in the text.

Orders

Orders of the court

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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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