R v Isaacs (a pseudonym) [2021] NSWDC 401

District Court New South Wales

Medium Neutral Citation: R v Isaacs (a pseudonym) [2021] NSWDC 401 Hearing dates: 26 July 2021 to 30 July 2021 Date of orders: 13 August 2021 Decision date: 13 August 2021 Jurisdiction: Criminal Before: Priestley SC, DCJ Decision: VERDICTS Count 1 Not Guilty Count 2 Not Guilty Count 3 Not Guilty Catchwords: CRIME — Child sex offences — Sexual intercourse with child <10 CRIME — Child sex offences — Attempted Sexual intercourse with child <10 CRIME — Child Sex offences — Indecent assault child <10 Legislation Cited: Criminal Procedure Act 1986 (NSW) Crimes Act 1900 (NSW) Evidence Act 1995 (NSW) Cases Cited: Fleming v R (1998) 197 CLR 250 De Silva v The Queen [2019] HCA 48 R v Barker [2010] EWCA Crim 4 CMG v R [2011] VSCA 416 The Queen v GW [2016] HCA 6 Category: Principal judgment Parties: Crown (Regina) Isaacs (Accused) Representation: Counsel: Morters SC Crown Prosecutor NSW DPP Cusack Counsel for the Accused

Solicitors: Magni Solicitor for NSW DPP Vakauta & Affleck Solicitors for the Accused File Number(s): 2019/00094395 Publication restriction: Unrestricted.

Judgment

Introduction 1. This trial proceeded by way of a judge alone trial pursuant to section 132(2) of the Criminal Procedure Act and commenced on 26 July 2021 and submissions concluded on 2 August 2021. 2. The accused is charged with 3 offences. Each of them is alleged to have occurred in the period 1 November 2017 and 31 May 2018 at Ballina. The complainant in each of the charges is the daughter of the accused. The complainant was born on 10 October 2013, so that she was 4 years old at the time of the alleged offending. The three charges together with their particulars are: 2.1. That the accused had sexual intercourse with the complainant, a person then under 10, in contravention of section 66A(1) of the Crimes Act. The conduct alleged to make out this charge is the accused licking the complainant's vagina. 2.2. That the accused did assault the complainant at a time she was under 16, and at the time of such assault committed an act of indecency upon her, in breach of section 61M(2) of the Crimes Act. The conduct alleged to make out this charge is the accused tickling the complainant in the genital region. 2.3. That the accused attempted to have sexual intercourse with the complainant, then under the age of 10. The conduct alleged to make out this charge is the accused attempting to place his penis in the mouth of the complainant.