RV (A Child) v Charlesworth

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JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

IN CRIMINAL

CITATION:   RV (A CHILD) -v- CHARLESWORTH [2022] WASC 238

CORAM:   CURTHOYS J

HEARD:   27 MAY 2021

DELIVERED          :   26 JULY 2022

FILE NO/S:   SJA 1002 of 2021

BETWEEN:   RV (A CHILD)

Appellant

AND

MICHAEL STUART CHARLESWORTH

Respondent

ON APPEAL FROM:

Jurisdiction              :   CHILDREN'S COURT OF WESTERN AUSTRALIA

Coram:   MAGISTRATE S DEWSBURY

File Number            :   JO 188 of 2020, JO 189 of 2020, PE 4220 of 2020


Catchwords:

Criminal law ‑ Appeal against conviction ‑ Indecent assault ‑ Whether magistrate erred in fact in finding appellant guilty ‑ Whether verdict unreasonable or unsupported by evidence - Credibility of witnesses - Inconsistencies in evidence - Finding that inconsistencies attributable to alcohol consumption

Legislation:

Criminal Code (WA), s 323

Result:

Leave to appeal refused
Appeal dismissed

Category:    B

Representation:

Counsel:

Appellant : A E Eyers
Respondent : G Beggs

Solicitors:

Appellant : Equus Chambers
Respondent : Director of Public Prosecutions (WA)

Cases referred to in decision:

B v Coan [2021] WASC 127

CSR Ltd v Della Maddalena [2006] HCA 1; (2006) 80 ALJR 458

Dayananda v The State of Western Australia [2021] WASCA 11

Devries v Australian National Railways Commission [1993] HCA 78; (1993) 177 CLR 472

Fennell v The Queen [2019] HCA 37; (2019) 373 ALR 433

Fox v Percy [2003] HCA 22; (2003) 214 CLR 118

Jago v The State of Western Australia [2022] WASCA 2

Jones v Hyde [1989] HCA 20; (1989) 63 ALJR 349

MEN v The State of Western Australia [2020] WASCA 118

Nationwide News Pty Ltd v Rush [2020] FCAFC 115; (2020) 380 ALR 432

Pell v The Queen [2020] HCA 12; (2020) 268 CLR 123

Samuels v The State of Western Australia [2005] WASCA 193; (2005) 30 WAR 473

The State of Western Australia v Olive [2011] WASCA 25

Wells v The State of Western Australia [2017] WASCA 27

CURTHOYS J:

Introduction

  1. On 14 February 2020, the appellant, RV, attended a surprise 18th birthday party in Mindarie. During the course of the party, the appellant is alleged to have had a number of physical interactions with two teenage girls, ALM and EHS (the complainants). The appellant was aged 17 at the time. The appellant was subsequently convicted after trial in the Children's Court of three charges of unlawful and indecent assault against the complainants, contrary to s 323 of the Criminal Code (WA). The appellant now seeks leave to appeal against the conviction.

  2. The appellant applies for an extension of time in which to appeal.[1]  The respondent did not oppose the application.  I am satisfied that it is in the interests of justice that the extension of time in which to appeal be granted.

    [1] Application for extension of time dated 13 January 2021.

  3. The appellant appeals against his conviction on two grounds.  First, that the learned magistrate erred in fact when finding the appellant guilty of all charges when the verdicts of guilty were unreasonable or unsupported…

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Details
Case
[2022] WASC 238
Decision Date

CaseChat Overview and Summary

RV (A Child) appeals against a conviction in the Children's Court of Western Australia for three charges of unlawful and indecent assault. The appeal is against the magistrate's finding that RV was guilty of all charges and the decision to convict him. The appeal is heard by Curthoys J in the Supreme Court of Western Australia. The appeal is on two grounds: first, that the verdicts of guilty were unreasonable or unsupported having regard to all the evidence; second, that the magistrate erred in fact when attributing inconsistencies between the complainants' evidence as to the existence of key events during which the offending conduct was said to have occurred, to their alcohol consumption, making them honest but genuinely mistaken witnesses. Curthoys J considers the appeal on its merits and finds that leave to appeal is refused and the appeal is dismissed. Curthoys J finds that the magistrate's assessment of the credibility of the witnesses was of critical importance and the evidence of the complainants was assessed by the magistrate to be credible and reliable. The evidence of the complainants was assessed by the magistrate to be credible and reliable and the appellant's submissions do not begin to approach the standard required to set aside the verdict. The evidence does not establish that the magistrate must have entertained a reasonable doubt about the accused's guilt. Upon the whole of the evidence, it was open to the magistrate to be satisfied beyond reasonable doubt that the appellant was guilty.

Orders

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

Legal Principle Established

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