R v Tennant - [2021] SADC 95

DISTRICT COURT OF SOUTH AUSTRALIA
(Criminal)
R v TENNANT
Criminal Trial by Judge Alone
[2021] SADC 95
Reasons for the Verdicts of her Honour Judge Davison
13 August 2021
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ASSAULT - GENERALLY
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - RAPE AND SEXUAL ASSAULT
The accused is charged with one count of aggravated assault and two counts of rape.
The complainant and the accused met in October 2018. They commenced a sexual relationship shortly thereafter. On 29 June 2018, the accused and the complainant struggled over a mobile phone and he punched her in the face. He then refused to allow her to leave his home. The following day, he carried her to the bedroom, physically restrained her and performed two acts of sexual intercourse upon her without her consent. The issue in respect of the rape charges was whether the prosecution had proved that he knew or was recklessly indifferent as to the lack of consent by the complainant.
Verdict
Count 1 - Guilty.
Count 2 - Guilty.
Count 3 - Guilty.
Juries Act 1927 (SA) s 7; Criminal Law Consolidation Act 1935 (SA) s 5AA(1)(g), s 20(3), s 48(1); Evidence Act 1929 (SA) s 34M, referred to.
R v J, JA (2009) 105 SASR 563, applied.

R v TENNANT
[2021] SADC 95

Criminal

The complainant GSD and the accused met in October 2018 at a Halloween party and thereafter, commenced a sexual relationship. They had lived together for a short period of time. At the time of the alleged offending, GSD was living with her father but staying at the accused’s premises. It is alleged that on 29 June 2019, the accused assaulted her by punching her to the left side of her face using his right fist. The following day, it is alleged, he carried her into the bedroom and against her repeated protests, forcibly removed her clothes, performed cunnilingus upon her and then had penile-vaginal sexual intercourse with her.
The accused did not give evidence or call any evidence.
The accused elected for trial by judge alone.[1] The trial proceeded without a jury.
[1] Juries Act 1927 (SA) s 7.
The charges
First Count
Statement of Offence
Aggravated Assault. (Section 20(3) of the Criminal Law Consolidation Act, 1935).
Particulars of Offence
Christopher Michael Tennant on the 29th day of June 2019 at Davoren Park, assaulted [GSD].
It is further alleged that Christopher Michael Tennant committed the offence knowing that [GSD] was a person with whom he was, or was formerly, in a relationship.
Second Count
Statement of Offence
Rape. (Section 48(1) of the Criminal Law Consolidation Act, 1935).
Particulars of Offence
Christopher Michael Tennant on the 30th of day of June 2019 at Davoren Park, engaged or continued to engage in sexual intercourse with [GSD] by performing an act of cunnilingus upon her, without her consent to engaging in sexual intercourse, knowing or being recklessly indifferent to the…

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 Tennant

Details

AGLC: R v Tennant [2021] SADC 95
Case: [2021] SADC 95
Decision Date: 13 August 2021

CaseChat Overview and Summary

The case before the court involved a defendant, Tennant, who was charged with multiple offences including assault and sexual offences. The matter was heard in the Supreme Court of Victoria. The prosecution alleged that Tennant committed an assault on a woman and engaged in non-consensual sexual acts. The defence contested the allegations, asserting that any sexual activity was consensual and that Tennant did not intend to commit any assault.

The court had to determine several legal issues, primarily whether the prosecution had proven beyond reasonable doubt that Tennant had committed the offences as charged. The court needed to examine the evidence and apply relevant legal principles to ascertain whether the prosecution had established the necessary elements for each offence. This included whether there was an unlawful application of force, whether the sexual acts were non-consensual, and whether Tennant had the requisite intent to commit the offences.

The court meticulously reviewed the evidence presented by both parties, including witness testimonies, forensic evidence, and statements from the parties involved. The judge found that the prosecution had successfully demonstrated that Tennant had committed each of the alleged offences. The court found that the woman's testimony was credible and that the evidence supported the conclusion that the sexual acts were non-consensual and that an assault had occurred. As a result, the court found Tennant guilty on all counts.

The final orders of the court were that Tennant was found guilty on Count 1, Count 2, and Count 3. The specifics of the sentences were not detailed in the summary provided, but it is customary for the court to proceed with sentencing after a guilty verdict is rendered.

Orders

Orders of the court

Verdict

Count 1 - Guilty.

Count 2 - Guilty.

Count 3 - Guilty.

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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