NSW Caselaw
District Court New South Wales
Medium Neutral Citation: The Queen v DLW [2020] NSWDC 701 Hearing dates: 28 July 2020 – 30 July 2020; 3 August 2020; 6 August 2020; 13 August 2020; 19 – 21 August 2020; 24 August 2020 – 27 August 2020; 14 September 2020; 15 September 2020 Date of orders: 25 September 2020 Decision date: 25 September 2020 Jurisdiction: Criminal Before: Wilson SC DCJ Decision: At [254] – [259] Catchwords: JUDGMENT – Judge alone trial – sexual intercourse without consent – person under the age of 16 years Legislation Cited: Crimes Act 1900 (NSW) ss 61J(1) Criminal Procedure Act 1986 (NSW) s 20 Evidence Act 1995 NSW ss 55, 97, 102 Cases Cited: DJB v R [2007] NSWCCA 209 Murray v R (1987) 11 NSWLR 12 R v Beserick (1993) 30 NSWLR 510DJB v R [2007] NSWCCA 209 R v Zorad [1979] 2 NSWLR 764 SB v R [2020] NSWCCA 207 Texts Cited: None Category: Principal judgment Parties: Regina (Crown) DLW (Accused) Representation: Counsel: Kirralee Tennant (Crown) Wayne Flynn (Accused)
Solicitors: Russell Boyd (Crown) Tony Newton (Offender) File Number(s): 2017/134016 Publication restriction: Statutory prohibition on publication in relation to identities of the complainant under s578A of the Crimes Act 1900 (NSW) and s15A of the Children (Criminal Proceedings) Act 1987 (NSW)
Contents: THE INDICTMENT INTRODUCTION ELEMENTS OF THE OFFENCE DIRECTIONS Not Guilty Plea Evidence relating to each complainant Closing submissions Determining the facts Inferences Onus of proof Standard of proof Evidence by other means Right to silence Tendency Evidence Complaint Delay CROWN CASE The Complainant AP Retraction of Allegations Use of a Weapon Additional Disclosures of sexual assault Disposition regarding complainant AP The complainant LM The Evidence of LM Discrete Issue LM's Evidence Relating to Dwayne The uncharged act Count 1 – In the bushes at Gloucester Count 2 – On the rocks at Gloucester Count 3 – Near the toilet block at Mannering Point Evidence of Dwayne Evidence of Stephen Morell Consideration of the Evidence Factual findings in relation to the uncharged act Factual findings in relation to Count 1 Factual findings in relation to Count 2 Factual findings in relation to Count 3 Disposition Regarding the Complainant LM ORDERS
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate