R v Taylor

Case [2010] ACTSC 121


R v LIAM TAYLOR
[2010] ACTSC 121 (6 October 2010)

CRIMINAL LAW – trial by judge alone – five counts of act of indecency upon a person aged under ten years – one count of engaging in sexual intercourse with a person aged under ten years – three complainants – no inference to be drawn by way of tendency or coincidence reasoning – what constitutes an act of indecency
EVIDENCE – evidence of unhealthy sexual interest in complainants – reference to innocent purpose for accused acting as alleged in count two – evidence of accused not persuasive or truthful but made no admissions nor betrayed a consciousness of guilt

Supreme Court Act 1933 (ACT), s 68C
Evidence (Miscellaneous Provisions) Act 1991 (ACT), Div 4.2
Crimes Act 1900 (ACT), s 50

R v Morton [1998] SCACT 8 (24 February 1998)
R v Court [1989] 1 AC 28, 35
Phillips v Police (1994) 75 A Crim R 480

No. SCC 410 of 2008

Judge:             Higgins CJ
Supreme Court of the ACT

Date:              6 October 2010

IN THE SUPREME COURT OF THE     )
  )          No. SCC 410 of 2009
AUSTRALIAN CAPITAL TERRITORY )          

R

v

LIAM TAYLOR

ORDER

Judge:  Higgins CJ
Date:  6 October 2010
Place:  Canberra

THE COURT ORDERS THAT:

  1. Verdict of not guilty be entered in respect of counts 1, 2 and 3.

  1. Verdict of guilty be entered in respect of count 6

  1. On 24 July 2009, an indictment was presented against the accused alleging various sexual offences were committed by the accused as follows (names of complainants omitted):

COUNT ONE

... THAT between the 1st day of August 2005 and the 25th day of December 2005 at Canberra in the Australian Capital Territory Liam Taylor committed an act of indecency upon a person aged under 10 years, namely [complainant 1].

SECOND COUNT

... THAT between the 1st day of August 2005 and the 25th day of December 2005 at Canberra aforesaid Liam Taylor committed an act of indecency upon a person aged under 10 years, namely [complainant 1].

THIRD COUNT

... THAT between the 19th day of March 2007 and the 5th day of April 2007 at Canberra aforesaid Liam Taylor committed an act of indecency upon a person aged under 10 years, namely [complainant 2].

FOURTH COUNT

... THAT between the 25th day of July 2007 and the 30th of September 2007 at Canberra foresaid Liam Taylor committed an act of indecency upon a person aged under 10 years, namely [X].

FIFTH COUNT

... THAT between the 23rd day of November 2007 and the 30th day of March 2008 at Canberra aforesaid Liam Taylor engaged in sexual intercourse with a person aged under 10 years, namely [complainant 3].

SIXTH COUNT

AND IN THE ALTERNATIVE THAT between the 23rd day of November 2007 and the 30th day of March 2008 at Canberra aforesaid Liam Taylor committed an act of indecency upon a person aged under 10 years,…

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R v Taylor [2010] ACTSC 121
Case
[2010] ACTSC 121
Decision Date

CaseChat Overview and Summary

In the case of R v Taylor, the defendant was tried on six counts of various sexual offences against three complainants, all of whom were under ten years of age at the time of the alleged offences. The trial was conducted before a judge alone without a jury. The defendant was found not guilty on counts 1, 2, and 3, which related to acts of indecency, but was found guilty on count 6, which related to engaging in sexual intercourse with a person under ten years of age.

The central legal issue before the court was whether the prosecution had proven beyond reasonable doubt that the defendant had committed the acts of indecency and sexual intercourse as alleged. The court had to consider whether the evidence presented was sufficient to establish the elements of the offences beyond reasonable doubt. The court also had to determine what constituted an act of indecency in the context of the case.

The court found that there was no evidence of a tendency or coincidence that could support an inference that the defendant was guilty of the offences. The court noted that while the evidence suggested that the defendant had an unhealthy sexual interest in the complainants, there was no evidence of the accused acting with an innocent purpose as alleged in count two. The court also found that the accused's evidence was not persuasive or truthful and that he made no admissions nor betrayed a consciousness of guilt. Based on these findings, the court entered verdicts of not guilty on counts 1, 2, and 3, and a verdict of guilty on count 6. The court ordered that verdicts of not guilty be entered in respect of counts 1, 2, and 3 and that a verdict of guilty be entered in respect of count 6.

Orders

Orders of the court

1. Verdict of not guilty be entered in respect of counts 1, 2 and 3.

2. Verdict of guilty be entered in respect of count 6

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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