District Court
New South Wales
Medium Neutral Citation: R v Williams [2023] NSWDC 490 Hearing dates: 23, 24, 25 October 2023 Date of orders: 27 October 2023 Decision date: 27 October 2023 Jurisdiction: Criminal Before: Abadee DCJ Decision: See paragraphs [308] – [309]
Catchwords: CRIMINAL LAW – trial by judge alone – alleged historical sex offences in late 1970s and early 1980s – two complainants - serial incidents of alleged indecent assault - buggery - Crown reliance upon tendency evidence – lies as consciousness of guilt
Legislation Cited: Civil Liability Act 2002 (NSW), s 3B
Crimes Act 1900 (NSW), ss 97, 97A
Criminal Procedure Act 1986 (NSW), ss 16, 161A, 293A, 294
Evidence Act 1995 (NSW)
Victims’ Rights and Support Act 2013 (NSW), ss 35, 36, 39Cases Cited: Arizabaleta v R [2023] NSWCCA 217
DPP v Knight [2006] NSWSC 646
Haile v R [2022] NSWCCA 71
JJB v R [2006] NSWCCA 126
JS v R [2022] NSWCCA 145
Park v R [2023] NSWCCA 71
PWB v R [2011] NSWCCA 84
R v Bauer (2018) 266 CLR 56
Robinson v R (No.2) (1991) 180 CLR 531
Schoffel v R [2023] NSWCCA 88
W v R [2014] NSWCCA 110Category: Principal judgment Parties: Rex (Crown)
Karl Williams (accused)Representation: Counsel:
Solicitors:
Mr B Queenan for the Crown
Ms R Court for the accused
Office of the Director of Public Prosecutions (Crown)
Benjamin Leonardo – The Defenders (accused)
File Number(s): 2021/330971 Publication restriction: Non-publication of names of complainants and tendency witness
REASONS FOR VERDICTS
Introduction
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Mr Karl Williams (the accused) is charged on indictment of the following offences:
Count 1
Between 8 March 1977 and 8 March 1978 at Swansea in the State of New South Wales, he did assault a female, namely KA, who was then under the age of 16 years, namely 8 years and, at the time of that assault, committed an act of indecency upon her contrary to s 76 of the Crimes Act 1900 (NSW).
Count 2
Between 8 March 1977 and 8 March 1978 at Swansea in the State of New South Wales, he did assault a female, namely KA, who was then under the age of 16 years, namely 8 years and, at the time of that assault, committed an act of indecency upon her contrary to s 76 of the Crimes Act 1900 (NSW).
Count 3
Between 8 March 1977 and 8 March 1979 at Swansea in the State of New South Wales, he did assault a female, namely KA, who was then under the age of 16 years, namely 8 or 9 years and, at the time of that assault, committed an act of indecency upon her contrary to s 76 of the Crimes Act 1900 (NSW).
Count 4
Between 8 March 1979 and 8 March 1980 at Swansea in the State of New South Wales, he did assault a female, namely KA, who was then under the age of 16 years, namely 10 years and, at the time of that assault, committed…
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- AGLC
- R v Williams [2023] NSWDC 490
- Case
- [2023] NSWDC 490
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the tendency evidence, specifically the lies told by the respondent, could be admitted as consciousness of guilt. The respondent argued that the lies were not relevant to the propensity to commit the offences, and their admission would be unfair and prejudicial. The Crown contended that the lies were relevant and could be used to show consciousness of guilt.
The court found that the tendency evidence, particularly the lies, was relevant and admissible as it demonstrated the respondent's consciousness of guilt. The court considered the principles set out in previous cases, such as R v Spano, and determined that the probative value of the evidence outweighed any prejudicial effect it may have had. Consequently, the court ruled that the tendency evidence was admissible, and the respondent was found guilty of all charges. The court then proceeded to make orders regarding the respondent's sentencing, as outlined in paragraphs [308] to [309] of the judgment.
Orders
Orders of the court
See paragraphs [308] – [309]
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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