R v Mercuri De Figueiredo [2021] NSWDC 424

District Court New South Wales

Medium Neutral Citation: R v Mercuri De Figueiredo [2021] NSWDC 424 Hearing dates: 27 July 2021 – 10 August 2021 Decision date: 20 August 2021 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Verdict of Guilty to Counts 1, 2 and 3. Catchwords: CRIME – judgment – use intoxicating substance to commit indictable offence – sexually touch another person without consent – attempted sexual intercourse without consent Legislation Cited: Crimes Act 1900 Criminal Procedure Act 1986 Law Enforcement (Power and Responsibilities) Act 2002 (NSW) Cases Cited: Davey v Lee [1968] 1 QB 366 Category: Principal judgment Parties: Director of Public Prosecutions (Crown) Romolo Giuseppe Mercuri De Figueiredo (Accused) Representation: Counsel: A Hughes (Crown) J Ellis (Accused) File Number(s): 2020/00177851 Publication restriction: s 578A of the Crimes Act 1900 applies so as to prohibit the publication of any material which may identify the complainant in the proceedings

Judgment Evidence in the Crown Case Cross-examination of the Complainant Re-examination of the Complainant Evidence of the Officer in Charge, Detective Senior Constable Andrew Boje Evidence of Barbara Moyano Evidence of Dr P Van Niewenhuijzen Evidence of the Accused Crown Case in Reply Crown Address Address for the Accused Directions of Law Assessment of Witnesses Generally Assessment of the Evidence of the Complainant Assessment of the Evidence of the Accused Exhibit M – Facebook messages between the complainant and the accused The CCTV Evidence Accused's E.R.I.S.P. Accused's Evidence Generally Findings of Fact Determination Verdict