DISTRICT COURT OF SOUTH AUSTRALIA
(Criminal)
R v S, JM
Criminal Trial by Judge Alone
[2023] SADC 50
Reasons for the Verdict of his Honour Judge Allen
28 April 2023
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - MAINTAINING SEXUAL RELATIONSHIP WITH CHILD AND PERSISTENT SEXUAL ABUSE OF CHILD
The accused elected for trial by judge alone on one count of maintaining an unlawful sexual relationship with a child contrary to s 50(1) of the Criminal Law Consolidation act 1935 (SA).
It is alleged that between 1 January 2015 and 17 November 2020, the accused maintained an unlawful sexual relationship with his stepdaughter by engaging in two or more unlawful sexual acts with her namely: (a) causing her to touch his penis on more than one occasion; (b) touching her breasts on more than one occasion; (c) touching her thighs on more than one occasion; (d) touching her genital area on more than one occasion; (e) rubbing his penis against her body on more than one occasion; (f) inserting his fingers into her vagina on more than one occasion; (g) inserting his penis into her vagina on more than one occasion; (h) inserting a dildo into her vagina on more than one occasion; (i) photographing her whilst he was inserting his penis into her vagina on more than one occasion; (j) kissing her body on more than one occasion; (k) kissing her mouth and face on more than one occasion; (l) performing an act of cunnilingus upon her on more than one occasion; and (m) inserting his penis into her anus on more than one occasion.
Verdict: Guilty
Criminal Law Consolidation Act 1935 (SA) s 50(1); Evidence Act 1929 (SA) ss 13BA, 34CB, 34M, 34P, 34R, referred to.
R v J, JA [2009] SASC 401; R v Omond [2022] SADC 62; R v Nieterink (1999) 76 SASR 56; R v M, BJ (2011) 110 SASR 1; R v Bauer [2018] HCA 40; R v MMJ (2006) 166 A Crim R 501; Choudhary v Director of Public Prosecutions [2013] VSCA 325; R v Spencer [2019] SASCFC 70; R v Cassebohm (2011) 109 SASR 465; R v Maiolo (No 2) (2013) 117 SASR 1; R v W, PK [2016] SASCFC 5; R v R, PA [2019] SASCFC 19; R v England [2013] SASCFC 79; Murray v The Queen (2002) 211 CLR 193; HML v The Queen (2008) CLR 334; BRS v The Queen (1997) 191 CLR 295, considered.
R v S, JM
[2023] SADC 50Criminal
Overview
S, JM is charged on an Information dated 8 April 2022, and amended on 5 December 2022, with the offence of maintaining an unlawful sexual relationship with a child, contrary to s 50(1) of the Criminal Law Consolidation Act 1935 (SA).
It is alleged that between 1 January 2015 and 17 November 2020 at Davoren Park, Salisbury North and Two Wells, the accused maintained…
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- AGLC
- R v S, JM [2023] SADC 50
- Case
- [2023] SADC 50
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether the evidence was sufficient to prove beyond reasonable doubt that the respondent had maintained a sexual relationship with the child and committed acts of persistent sexual abuse. The court also considered whether the trial judge had correctly directed the jury on the applicable legal principles and whether the sentence was manifestly excessive or inappropriate. The respondent argued that the evidence was insufficient and that the trial judge had misdirected the jury, leading to an unsafe and unsatisfactory verdict. Additionally, the respondent contended that the sentence was excessive, given the mitigating factors present in the case.
The court meticulously examined the evidence and found that it was both sufficient and cogent to support the jury's verdict. The court held that the trial judge had properly directed the jury on the relevant legal principles, and there was no basis to interfere with the jury's findings. In relation to the sentence, the court concluded that while the respondent's offending was of a serious nature, the sentence was not manifestly excessive. The appeal was therefore dismissed, and the conviction and sentence were upheld.
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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