R v Turner - [2004] SADC 85

DISTRICT COURT OF SOUTH AUSTRALIA
(Criminal)
R v TURNER
Criminal Trial by Judge Alone
Decision of His Honour Judge Lunn
7 June 2004
CRIMINAL LAW
Trial by Judge alone - 7 counts of sexual abuse not proved beyond reasonable doubt - acquitted on all counts.

R v TURNER
[2004] SADC 85
REASONS FOR VERDICTS ON TRIAL BY JUDGE ALONE

The alleged victim (“V”) was born on 8 July 1983. Her mother (“the Mother”) had suffered brain damage in a motor vehicle accident. V did not meet her natural father until she was about fifteen years of age. When V was aged about four her mother entered into a defacto relationship with the accused. He became a defacto father to V and she called him “Dad”. A child (“M”) was born out of the relationship between the Mother and the accused. When V was about ten her mother and the accused separated and the accused went to live on his own in another house.
In 1995, when V was twelve, her relationship with her mother broke down completely and she left home to live with her grandmother. From there she went to live with her step-grandfather, who was separated from her grandmother, and from there she went to live with the family of her school friend, Sarah.
In April 1997 V came to live with the accused in his house, apparently at the instigation of Sarah’s parents. She was leading a fairly wild and uncontrolled lifestyle. She was regularly truanting from school, drinking alcohol, smoking marijuana and otherwise misbehaving. In about August 1997, when she was fourteen, she commenced a relationship with a boy who was then nineteen. It became a sexual relationship. On several occasions she moved out of the accused’s house and lived with various other people, but after short periods she always returned to live with the accused in his house.
In 2001 M came to live with the accused. By 2002 there were contested custody proceedings in the Family Court between the Mother and the accused about M. At about this time V’s relations with her mother improved.
By mid 2001 V had regular part time employment and was looking to rent a house for herself and to move out of the accused’s house. However, she was unable to find affordable housing for herself. In June 2001 and March 2002 she approached Southern Junction Youth Services about them arranging a house for her. This eventuated in about July or August 2002 and she then left the accused’s home. On 14 October 2002 she made her first complaint to the police about sexual abuse by the accused.
In this trial the accused faces the following seven counts of sexual offences against V:

“First Count
Statement of Offence
Procuring an Act of Gross Indecency. (Section 58(1)(b) of the Criminal Law Consolidation Act, 1935).
Particulars of Offence
Ian Peter Turner between the 1^st day of September 1997 and the 30^th day of November 1997 at Hackham West,…

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 Turner

Details

AGLC: R v Turner [2004] SADC 85
Case: [2004] SADC 85
Decision Date: 7 June 2004

CaseChat Overview and Summary

Turner was acquitted by the District Court of South Australia on seven counts of sexual abuse. The case was heard by Judge Lunn who decided that the prosecution had not proved Turner's guilt beyond reasonable doubt. Turner was accused of sexually abusing the victim, V, who was under 16 years of age at the time of the alleged offences. The offences ranged from procuring an act of gross indecency to unlawful sexual intercourse. Turner elected for a trial by judge alone, and the trial proceeded without Turner giving evidence. The court considered the credibility of V's evidence, which was not corroborated by any other evidence, and found that there were significant doubts about her reliability.

The court highlighted several reasons for its decision, including V's inconsistent statements about the alleged offences, her admission to memory problems due to drug use, and her history of dishonesty. Additionally, the court found that V's delay in reporting the offences to the police could have prejudiced Turner's ability to defend himself, warranting a Longman warning. Despite the warning, the court concluded that the evidence did not prove the alleged offences beyond reasonable doubt. The court therefore entered verdicts of not guilty on all counts, acquitting Turner of all charges.

Orders