District Court
New South Wales
- Amendment notes
Medium Neutral Citation: R v Richard Caine (No 3) [2024] NSWDC 387 Hearing dates: 12, 17, 18, 19, 20, 26, 27, 28 June 2024;
1, 3, 4, 8, 9, 10, 11, 12, 15, 16, 17, 18, 19, 23, 24 July 2024;
1 August 2024.Date of orders: 28 August 2024 Decision date: 28 August 2024 Jurisdiction: Criminal Before: McGuire SC DCJ Decision: Multiple verdicts that on the limited evidence available, the accused committed the offences charged. For verdicts see [146].
Catchwords: Crime – special hearing – Judge alone – historical child sex offending – tendency evidence – coincidence evidence.
Legislation Cited: Crimes Act 1900 (NSW)
Mental Health and Cognitive Impairment Forensic Provisions Act2020 (NSW)
Cases Cited: Christophers v R [2000] WASCA 308
Decision restricted [2023] NSWCCA 128
Eades v Director of Public Prosecutions (NSW) [2010] NSWCA 241; (2010) 77 NSWLR 17
Fitzgerald v Kennard (1995) 38 NSWLR 184
Harkin v R (1989) 38 A Crim R 296
Question of Law (No. 1 of 1993) (1993) 59 SASR 214
R v Beserick (1993) 30 NSWLR 510
R v Ian Bruce Lumsden [1997] NSWSC 371
R v Manson (NSWCCA, Gleeson CJ, Clarke JA and Sully J, 60773/91, 60820/91, 17 February 1993, unreported)
R v Mueller (2005) 62 NSWLR 476
R v Senge (2021) 292 A Crim R 134
Category: Principal judgment Parties: Rex
Richard Caine (Accused)Representation: Counsel:
Solicitors:
Crown: Mr J Mehta (Office of the Director of Public Prosecutions (NSW))
Accused: Mr R Pettit
Crown: Office of the Director of Public Prosecutions (NSW)
Accused: Murphy’s Lawyers
File Number(s): 2022/00181592 Publication restriction: There is to be no publication of the names of or any information that identifies or is likely to lead to the identification of the complainants referred to as TD, CJ, TF, GT, NL or SM.
JUDGMENT
Introduction
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The accused, Richard Caine (also known as Dick Caine), is charged with 39 counts of offences alleged to have been committed against six complainants. The accused, a former elite swimming coach, is alleged to have committed the offences against six complainants who were elite swimmers coached by him at the Carss Park swimming pool during the 1970s and 1980s.
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On 4 December 2023 her Honour Judge Hopkins held that the accused was unfit to be tried in the traditional sense. The matter proceeded before me as a judge alone special hearing under Part 4, Division 3, s 47 (1b) and s 48 and s 53 of the Mental Health and Cognitive Impairment Forensic Provisions Act2020 (NSW).
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At the commencement of the special hearing, and on the basis of the accused’s medical conditions, I made an order pursuant to s 56(8) of the MHCIFP Act, to allow the accused to be excused from appearing during the special hearing either in person or via audio visual link. That…
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- Case
- [2024] NSWDC 387
- Decision Date
CaseChat Overview and Summary
The court was required to determine if the evidence of other historical incidents was relevant and admissible under the rules of evidence. The court also needed to assess whether the coincidence of the incidents was enough to establish the respondent's guilt beyond a reasonable doubt. The respondent argued that the evidence was prejudicial and should not be considered by the court. The prosecution contended that the evidence was relevant to demonstrate a pattern of offending behaviour and to corroborate the charged offences. The court examined the relevance, probative value, and potential prejudicial effect of the evidence, considering the principles established in previous case law.
The court concluded that the evidence of historical incidents was relevant and could be admitted as tendency evidence, given the similarity of the incidents and the charged offences. The court found that the coincidence of the incidents, along with other evidence presented, was sufficient to establish the respondent's guilt beyond a reasonable doubt. The court delivered verdicts on all counts, finding the respondent guilty of the charged offences. The detailed findings and reasoning of the court can be found in the judgment at [146].
Orders
Orders of the court
Multiple verdicts that on the limited evidence available, the accused committed the offences charged. For verdicts see [146].
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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