R v Cannon (No. 2) [2020] NSWDC 356

District Court New South Wales

Medium Neutral Citation: R v Cannon (No. 2) [2020] NSWDC 356 Hearing dates: 17 June 2020 Date of orders: 17 June 2020 Decision date: 17 June 2020 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: The Accused be allowed to lead evidence of good character from the witnesses proposed, and the Crown be permitted to adduce the evidence of the connection between the Accused's phone and the websites referred to in this judgement, as contained in the report Catchwords: EVIDENCE — Character evidence — Advance rulings EVIDENCE — Character evidence — Good character EVIDENCE — Character evidence — Witnesses Legislation Cited: Crimes Act 1900 Evidence Act 1995 Cases Cited: Clegg v R [2017] NSWCCA 125 Category: Principal judgment Parties: Regina (Crown) Matthew David Cannon (Accused) Representation: Donna Daleo (Crown Prosecutor) Chris O'Donnell SC (senior counsel) (Accused) Parisa Hart (junior counsel) (Accused)

Director of Public Prosecutions (NSW) (Crown) Criminal Law Centre (Accused) File Number(s): 2018/00376401 Publication restriction: No publication of the name of the Complainant or of any information which may enable her identity to be ascertained

EX TEMPORE REVISED JUDGEMENT

INTRODUCTION 1. Matthew David Cannon is before this court for trial on 16 charges set forth in an indictment upon which he was arraigned before me yesterday 16 June 2020. He pleaded not guilty to each of the offences. 2. There are a series of offences alleged contrary to s 61M(2) Crimes Act 1900; Count 1 through to and including count 6 are alleged contrary to that provision. 3. Count 7 is an allegation alleged contrary to s 66C(3) Crimes Act 1900. Count 8 is an alternative to count 7 alleging an offence contrary to s 61M(2) Crimes Act 1900. 4. Counts 9, 10, 11 and 12 are once again contrary to s 61M (2) Crimes Act 1900. 5. Count 13 is an offence contrary to s 66D Crimes Act 1900 in the alternative to which Count 14 is alleged in terms contrary to s 61M(2) Crimes Act 1900. 6. Counts 15 and 16 are contrary to s 61M(2) Crimes Act 1900. 7. The offences are alleged to have occurred between 1 January 2017 and 30 June 2017 for count 1 through to and including count 4, between 1 January 2017 and 31 December 2017 for count 5 through to and including count 9, between 1 January 2017 and 1 January 2018 for counts 10 and 11, between 1 January 2017 and 3 March 2018 for count 12 through to and including count 14, between 1 January 2018 and 1 July 2018 for count 15 and between 1 January 2018 and 23 July 2018 for count 16.