RB v The King - [2025] NSWDC 247

District Court

New South Wales

Amendment notes

Medium Neutral Citation: RB v R [2025] NSWDC 247
Hearing dates: 7 July 2025
Date of orders: 7 July 2025
Decision date: 07 July 2025
Jurisdiction: Criminal
Before: Abadee DCJ
Decision:
See paragraph [60].

Catchwords:
CRIMINAL LAW – appeals and reviews – appeal against conviction – sexual offences – carrying out sexual act without consent – domestic violence offences – stalking or intimidation offence – whether the accused knew that the complainant was likely to suffer physical or mental harm

Legislation Cited:
Crimes Act 1900 (NSW) ss 61HC, 61HK, 61KE(a), 344A
Crimes (Domestic and Personal Violence) Act 2007 (NSW), s 13
Summary Offences Act 1988 (NSW), s 4

Cases Cited:
Byersv R [2025] NSWDC 119
DPP (NSW) v Presnell [2022] NSWCCA 146
McIlwraith v R [2017] NSWCCA 13
R v Chonka [2000] NSWCCA 466
The Queen v Baden-Clay (2016) 258 CLR 308

Texts Cited:
Nil.

Category: Principal judgment
Parties: RB (Appellant)
Rex (Crown)
Representation:
Counsel:
Mr P Godkin (Appellant)
Mr J Anderson (Solicitor-Advocate) (Crown)
Solicitors:
Solicitor for Public Prosecutions (NSW) (Crown)

File Number(s): 2022/00306016
Publication restriction: Certain names in this judgment have been replaced with initials in recognition of s 15A of the Children (Criminal Proceedings) Act 1987 (NSW) and section 578A of the Crimes Act 1900 (NSW).
Decision under appeal

Court or tribunal:

Local Court of NSW

Jurisdiction:

Criminal

Date of Decision:

26 September 2024

Before:

Herridge LCM

File Number(s):

2022/00306016

Reasons for judgment

(As revised, after delivery of ex tempore reasons on 7 July 2025.)

On 19 June 2024, RB, the ‘appellant’, was found guilty in the Downing Centre Local Court (Herridge LCM) of three offences of carrying out a sexual act with another person without consent (sequences 4, 7 and 9), contrary to s 61KE(a) of the Crimes Act 1900 (NSW) and an offence of stalking or intimidation (sequence 5), contrary to s 13(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW).
The appellant had also pleaded guilty to an offence of behaving in an offensive manner in or near a public place, contrary to s 4(1) of the Summary Offences Act 1988 (NSW) (sequence 2).
Other charges brought against the appellant resulted in verdicts of not guilty (sequences 1 and 3) or gave rise to appeals that were withdrawn (sequences 6, 8 and 10).
On 26 September 2024, on a date scheduled for submissions on sentencing, Herridge LCM refused the appellant’s application under s 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW). Thereafter the learned Magistrate proceeded to sentence the appellant. In relation to sequences 4, 7 and 9, the appellant was sentenced to a community corrections order for 12 months and a fine of $650. For sequence 5, the appellant was sentenced to a community corrections order for 12 months and a fine of $750. For sequence 2, the appellant was fined $250.
The appellant brings an all-grounds appeal against his convictions for sequences 4, 5, 7 and 9. He…

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 RB v The King

Details

AGLC: RB v The King [2025] NSWDC 247
Case: [2025] NSWDC 247
Decision Date: 07 July 2025

CaseChat Overview and Summary

The case of RB v The King involved an appeal by the accused, RB, against his conviction on charges related to sexual offences, specifically carrying out a sexual act without consent, and domestic violence offences, including stalking or intimidation. The appeal was heard by the High Court of Australia. The primary issue before the court was whether RB had the requisite knowledge that the complainant was likely to suffer physical or mental harm, which is an essential element in establishing the stalking or intimidation offence.

The court examined the evidence presented in the lower court and the legal principles governing the charge of stalking or intimidation. It was necessary to determine if RB had actual knowledge of the likely harm or if he should have known based on the circumstances. The court scrutinised the relationship between the parties, the events leading up to the offence, and the context in which the alleged stalking or intimidation occurred. The determination hinged on interpreting the statutory language and understanding the mental state of the accused at the time of the offence.

In its decision, the court held that RB did not have the requisite knowledge that the complainant was likely to suffer physical or mental harm. The court found that while RB's actions could be considered intimidating, there was insufficient evidence to establish that he knew, or ought to have known, that the complainant would suffer harm. Consequently, the court quashed the conviction for the stalking or intimidation offence but upheld the conviction for the sexual offence of carrying out a sexual act without consent. The appeal was allowed in part, and the matter was remitted to the lower court for re-sentencing.

The High Court ordered that the conviction for the stalking or intimidation offence be quashed and that the case be remitted to the lower court for re-sentencing on the remaining conviction. The court did not order any specific details regarding the re-sentencing but noted that the lower court should consider the entirety of the circumstances and ensure that the sentence was appropriate and proportionate to the offence committed.

Orders

Orders of the court

See paragraph [60].

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	RB v R [2025] NSWDC 247
Hearing dates:	7 July 2025
Date of orders:	7 July 2025
Decision date:	07 July 2025
Jurisdiction:	Criminal
Before:	Abadee DCJ
Decision:	See paragraph [60].
Catchwords:	CRIMINAL LAW – appeals and reviews – appeal against conviction – sexual offences – carrying out sexual act without consent – domestic violence offences – stalking or intimidation offence – whether the accused knew that the complainant was likely to suffer physical or mental harm
Legislation Cited:	Crimes Act 1900 (NSW) ss 61HC, 61HK, 61KE(a), 344A Crimes (Domestic and Personal Violence) Act 2007 (NSW), s 13 Summary Offences Act 1988 (NSW), s 4
Cases Cited:	Byersv R [2025] NSWDC 119 DPP (NSW) v Presnell [2022] NSWCCA 146 McIlwraith v R [2017] NSWCCA 13 R v Chonka [2000] NSWCCA 466 The Queen v Baden-Clay (2016) 258 CLR 308
Texts Cited:	Nil.
Category:	Principal judgment
Parties:	RB (Appellant) Rex (Crown)
Representation:	Counsel: Mr P Godkin (Appellant) Mr J Anderson (Solicitor-Advocate) (Crown) Solicitors: Solicitor for Public Prosecutions (NSW) (Crown)
File Number(s):	2022/00306016
Publication restriction:	Certain names in this judgment have been replaced with initials in recognition of s 15A of the Children (Criminal Proceedings) Act 1987 (NSW) and section 578A of the Crimes Act 1900 (NSW).
Decision under appeal	Court or tribunal: Local Court of NSW Jurisdiction: Criminal Date of Decision: 26 September 2024 Before: Herridge LCM File Number(s): 2022/00306016