R v Banks (a pseudonym) [2020] NSWDC 279

District Court New South Wales

Medium Neutral Citation: R v Banks (a pseudonym) [2020] NSWDC 279 Hearing dates: 04- 13 May 2020 Date of orders: 29 May 2020 Decision date: 29 May 2020 Jurisdiction: Criminal Before: Grant DCJ Decision: Accused found not guilty and acquitted on all counts. Catchwords: Sexual intercourse – child complainants – single witness Legislation Cited: Crimes Act 1900 Criminal Procedure Act Evidence Act 1995 Cases Cited: Fleming v R (1998) 197 CLR 250 Category: Principal judgment Parties: Regina (Crown) Joseph Banks (accused) Representation: Counsel: Ms Morgan (Crown) Mr Fokkes (accused) Solicitors: Ms Hanshaw (Crown) Mr Keane (Accused) File Number(s): 2019/00234218 Publication restriction: Identifying details of complainants, child witnesses and complainants mother, father and grandfather

Judgment 1. On 4 May 2020 Joseph Banks (the accused) appeared before the Griffith District Court sitting remotely from Albury for trial. Mr Banks was on remand and appeared by AVL from Junee. He consented to that course rather than appearing in person at the Griffith court house. 2. A judge alone election had been filed. The Crown consented to the trial proceeding by judge alone. 3. The accused was arraigned on 27 March 2020 and pleaded not guilty. The parties were content that he did not need to be re-arraigned before me on 4 May 2020, the first day of the trial. He has pleaded not guilty to the following counts: