R v Doyle [2021] NSWDC 499

District Court New South Wales

Medium Neutral Citation: R v Doyle [2021] NSWDC 499 Hearing dates: 25, 26 and 27 August 2021 Date of orders: 22 September 2021 Decision date: 22 September 2021 Jurisdiction: Criminal Before: Grant DCJ Decision: Not guilty on counts 1 and 2 on the indictment. Catchwords: Criminal law – Judge alone trial – tinder dating - single witness – accused not giving evidence – unreliable witness - proceedings conducted via virtual court with no personal appearances Legislation Cited: Criminal Procedure Act 1986 Cases Cited: Fleming v The Queen (1998) 197 CLR 250 Kennedy v R [2000] NSWCCA 487; 118 A Crim R 34 R v Kneebone (1999) 47 NSWLR 450 Zabakly v R [2021] NSWCCA 155 Category: Principal judgment Parties: Regina (Crown) A Doyle (Accused) Representation: Counsel: Mr Pincott (Crown) Mr Martin (Accused)

Solicitors: Ms Coleman (Crown) Mr Keane (Accused) File Number(s): 2020/00025382 Publication restriction: Non-publication order in relation to the name of the complainant and anything that may identify her.

Judgment 1. On Wednesday the 25th of August 2021, the accused was arraigned before me at the Albury District Court on two charges, namely; Count 1: On 22 March 2018, at Leeton in the state of NSW, did have sexual intercourse with CR without the consent of CR, knowing she was not consenting. Count 2: On 22 March 2018, at Leeton in the state of NSW, did assault CR and at the time of the assault committed an act of indecency in the presence of CR. 1. The accused pleaded not guilty to the charges. The matter proceeded as a Judge alone trial as ordered by me on Monday the 23rd of August, 2021.