R v DLW (No. 4) [2020] NSWDC 284

District Court New South Wales

Medium Neutral Citation: R v DLW (No. 4) [2020] NSWDC 284 Hearing dates: 25-29 May 2020, 01-02 June 2020 Date of orders: 09 June 2020 Decision date: 09 June 2020 Jurisdiction: Criminal Before: Abadee DCJ Decision: See paragraphs 276-277 Catchwords: CRIMINAL LAW – trial by judge alone – child sex offences – sexual intercourse with a person under the age of 10 years – whether complainant credible and reliable witness – complaint evidence – whether accused told lies and whether this manifested a consciousness of guilt – whether Crown can disprove alibi defence Legislation Cited: Crimes Act 1900 (NSW), ss 61HA, 66A Criminal Procedure Act 1986 (NSW), ss 133, 281, 293A, 306U, 306W, 306X Evidence Act 1995 (NSW), ss 139, 165 Cases Cited: R v Winner (1995) 79 A Crim R 528 Fleming v The Queen (1998) 197 CLR 250 GBB v R [2019] NSWCCA 296 Category: Principal judgment Parties: Director of Public Prosecutions Mr DLW Representation: Counsel: Ms K Tennant for the Director of Public Prosecutions Mr S Schaudin for the accused

Solicitors: Solicitor for the Director of Public Prosecutions David Kelly Lawyers for the accused File Number(s): 2017/134016 Publication restriction: Non Publication Order on the names of the complainant, any members of the complainant's family, the accused, and any members of the accused's family or any information that may identify any of them. Pseudonyms have been used for the names of the complainant, the complainant's family and the accused.