R v Johnson (No 2) [2020] NSWDC 413

District Court New South Wales

Medium Neutral Citation: R v Johnson (No 2) [2020] NSWDC 413 Hearing dates: 09 June 2020 – 11 June 2020 Date of orders: 26 June 2020 Decision date: 26 June 2020 Jurisdiction: Criminal Before: Grant DCJ Decision: Accused found not guilty. Catchwords: CRIMINAL LAW - Sexual intercourse without consent – trial by judge alone – multiple witnesses Legislation Cited: Crimes Act 1900 Criminal Procedure Act 1986 Evidence Act 1995 Cases Cited: Fleming v The Queen (1998) 197 CLR 250 R v Johnson [2020] NSW DC 153 Xu v R [2019] NSWCCA 178 Category: Principal judgment Parties: Regina (Crown) Nathan Johnson (Accused) Representation: Counsel: Ms Morgan (Crown) Ms Cook (Accused)

Solicitors: Ms Hanshaw (Crown) Ms Giannopoulos (Accused) File Number(s): 2019/00017894 Publication restriction: Non publication order made of the name of the complainant and any other information which might directly or indirectly identify her

Judgment 1. HIS HONOUR: On Monday 9 June 2020 the accused was arraigned before the Griffith District Court and pleaded not guilty to the following count: "On 31 March 2018 in Moama in the State of New South Wales did have sexual intercourse with BH without her consent and knowing that BH had not consented to the sexual intercourse", contrary to s 61A of the Crimes Act 1900. 1. A judge alone election had been filed. The Crown did not consent. On 30 April I ordered that there be a judge alone trial: R v Johnson [2020] NSW DC 153.