R v Jandamarra (A pseudonym) [2020] NSWDC 424

District Court New South Wales

Medium Neutral Citation: R v Jandamarra (A pseudonym) [2020] NSWDC 424 Hearing dates: 18 May 2020 - 22 May 2020 Date of orders: 3 June 2020 Decision date: 03 June 2020 Jurisdiction: Criminal Before: Grant DCJ Decision: The accused is found not guilty on all counts. Catchwords: Criminal law – Judge alone trial – sexual intercourse - child complainant Legislation Cited: Crimes Act 1900 Criminal Procedure Act 1986 Cases Cited: R v Johnson [2020] NSWDC 153 Fleming v The Queen [1998] 197 CLR 250 Category: Principal judgment Parties: Regina (Crown) Jandamarra – A pseudonym (Accused) Representation: Counsel: Mr Radojev (Accused) Ms Morgan (Solicitor advocate DPP)

Solicitors: Mr Baumgarten (Crown) Mr Barron (Accused) File Number(s): 2018/00258291 Publication restriction: Statutory non-publication order re identity of complainant.

Judgment 1. HIS HONOUR: On 18 May 2020 Jandamarra (the accused) appeared before the Griffith District Court sitting at Albury. The Court sat at Albury to facilitate the evidence of a child complainant who had travelled from Traralgon in Victoria to Albury. 2. A Judge Alone election had been filed. The Crown opposed a Judge Alone trial. On 30 April 2020, following my decision in R v Johnson [2020] NSWDC 153, I directed a Judge Alone trial. 3. The accused was arraigned and pleaded not guilty. He pleaded not guilty to the following counts: Count 1: Between 1 July 2017 and 14 August 2018, in Deniliquin in the State of New South Wales did have sexual intercourse with JCK, who was at the time under the age of ten years, namely of the age of eight or nine years, contrary to s 66A(1) of the Crimes Act 1900. And the Director of Public Prosecutions further charges, in the alternative to count 1, Count 2: between 1 July 2017 and 14 August 2018, at Deniliquin in the State of New South Wales did assault JCK, a person then under the age of 16 years, namely eight or nine years old, and at the time of such assault did commit an act of indecency on the said JCK contrary to s 61M(2) of the Crimes Act. Count 3: between 1 July 2017 and 14 August 2018 at Deniliquin in the State of New South Wales did assault JCK, a person then under the age of 16 years, namely eight or nine years old, and at the time of such assault did commit an act of indecency on the said JCK contrary to s 61M(2) of the Crimes Act. Count 4: between 1 July 2017 and 14 August 2018 at Deniliquin in the State of New South Wales did assault JCK, a person then under the age of 16 years, namely eight or nine years old, and at the time of such assault did commit an act of indecency on the said JCK contrary to s 61M(2) of the Crimes Act. Count 5: between 1 July 2017 and 14 August 2018 at Deniliquin in the State of New South Wales did assault JCK, a person then under the age of 16 years, namely eight or nine years, and at the time of such assault did commit an act of indecency on the said JCK contrary to s 61M(2) of the Crimes Act.