R v Shanmugam [2020] NSWDC 482

District Court New South Wales

Medium Neutral Citation: R v Shanmugam [2020] NSWDC 482 Hearing dates: 17 August 2020, 18 August 2020, 19 August 2020, 20 August 2020. Date of orders: 27 August 2020 Decision date: 27 August 2020 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Verdict of guilty to all counts. Catchwords: CRIMINAL PROCEDURE - Trial - Judge alone - Reasons of trial judge - conflict of evidence - reasons for accepting witnesses – reasons for rejecting accused's evidence - each element proved beyond reasonable doubt CRIMINAL PROCEDURE - Trial - Judge alone - Sexual offence proceedings - fundamental principles explained Legislation Cited: Crimes Act 1900 Criminal Procedure Act 1986 Cases Cited: De Silva v The Queen [2019] HCA 48 Fox v Percy [2003] HCA 22; (2003) 214 CLR 118 Liberato v The Queen [1985] HCA 66; (1985) 159 CLR 507 R v Murray (1987) 11 NSWLR 12 Category: Principal judgment Parties: Mithun Kumar Shanmugam (the accused) Director of Public Prosecutions Representation: Counsel: Mr B Hart (for the accused) Mr D Noll (for Director of Public Prosecutions)

Solicitors: A.R.Yates & Co Solicitors (for the accused) File Number(s): 2019/00018999 Publication restriction: The name of the complainant is not to be published, nor is any other information or material that could lead to the identification of that complainant. Accordingly, in this judgment the Complainant is referred to by a pseudonym and each of the witnesses is referred to by a pseudonym which will not be their real initials: s578A of the Crimes Act 1900.