R v MC [2021] NSWDC 239

District Court New South Wales

Medium Neutral Citation: R v MC [2021] NSWDC 239 Hearing dates: 22, 23 and 25 February 2021 Date of orders: 26 February 2021 Decision date: 26 February 2021 Jurisdiction: Criminal Before: Bright DCJ Decision: Count 1 – Not Guilty Count 2 – Guilty Count 3 – Not Guilty Count 4 – Guilty Catchwords: CRIME — Child sex offences — Sexual intercourse with child >14 <16 CRIMINAL PROCEDURE — Trial — Judge alone Legislation Cited: Crimes Act 1900 (NSW) Criminal Procedure Act 1986 (NSW) Evidence Act 1995 (NSW) Category: Principal judgment Parties: Regina (Crown) MC (Accused) Representation: Counsel: Ms V Morgan (Crown) Mr M King (Accused)

Solicitors: Ms E Somerville (Legal Aid NSW) Mr S Baumgarten (Office of the Director of Public Prosecutions) File Number(s): 2016/00218094 Publication restriction: Statutory non-publication order in relation to the identity of the complainant

Judgment 1. On 22 February 2021 MC, the accused, appeared before Wagga Wagga District Court for trial. 2. The accused elected to be tried by judge alone. The Crown did not consent. 3. On 20 November 2020 His Honour Judge Lerve made an order that the trial proceed as a judge alone trial. 4. The accused was arraigned on an indictment in the following terms:

Count 1 Between 12 April 1990 and 16 March 1991 at XX in the State of New South Wales did have sexual intercourse with T, a person then under the age of 16 years, namely of the age 15 years, without her consent and knowing that T had not consented to the sexual intercourse, the said T being at the time under the authority of MC by reason of MC being the father of her boyfriend (an offence pursuant to s 61D(1A), Crimes Act 1900 (NSW)).