Savidis v DPP [2020] NSWDC 281

District Court New South Wales

Medium Neutral Citation: Savidis v DPP [2020] NSWDC 281 Hearing dates: 05 June 2020 Date of orders: 05 June 2020 Decision date: 05 June 2020 Jurisdiction: Criminal Before: Abadee DCJ Decision: See paragraph 58 Catchwords: CRIMINAL LAW – conviction appeal – sexual offences – indecent assault – challenge to Magistrate's acceptance of the complainant's credibility Legislation Cited: Crimes Act 1900 (NSW), ss 61L Cases Cited: De Silva v The Queen [2019] HCA 48 Dyason v Butterworth [2015] NSWCA 52 Category: Principal judgment Parties: Mr C Savidis Director of Public Prosecutions Representation: Solicitors: Aubrey Brown Lawyers for the appellant Solicitor for the Director of Public Prosecutions File Number(s): 2019/222064 Publication restriction: Nil Decision under appeal Court or tribunal: Local Court of New South Wales Jurisdiction: Criminal Citation: Unreported Date of Decision: 12 March 2020 Before: Magistrate S Olischlager File Number(s): 2019/222064

Judgment

BACKGROUND 1. This is an appeal against the appellant's conviction by the Gosford Local Court on 12 March 2020 on a charge of indecent assault, contrary to s 61L of the Crimes Act 1900 (NSW). 2. The charge was that on 31 July 2018, in Wyoming (a suburb in the Central Coast), the appellant indecently assaulted the complainant.

THE CROWN CASE 1. The Crown's case, simply, was that the complainant, who was 19 years old at the time, went to sleep and was awoken when she felt someone touching her vagina. When she turned around, she identified the appellant. 2. At the trial, the Crown relied evidence from a police officer and the complainant and also Facebook message screenshots which were relied upon as admissions by the appellant to the offending conduct. The admissions were, in substance, apologies by the appellant in combination with promises that he would not engage in the conduct (for which he apologised for) again. As will be noted, at trial, there was a contest as to what it was he was apologising for.