R v Antin (a pseudonym) [2021] NSWDC 532

District Court New South Wales

Medium Neutral Citation: R v Antin (a pseudonym) [2021] NSWDC 532 Hearing dates: 27 September 2021, 28 September 2021, 29 September 2021 Date of orders: 05 October 2021 Decision date: 05 October 2021 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: On the limited evidence available the defendant committed the offences charged as Counts 5, 6, 8 and 9. Not Guilty Count 7 Catchwords: CRIME- Sexual intercourse with person under age of 10 years (DV) - Indecent assault where victim under the age of 10 years - Assault with intent sexual intercourse child over 10 under 14 - Indecent assault person under 16 years of age MENTAL HEALTH — Criminal proceedings — Person unfit to be tried — Special hearing - principles to be applied MENTAL HEALTH - Special hearing - defendant aged 90 - suffers significant cognitive impairment dementia- unable to participate – offences against granddaughter - offences against child neighbour - hearing using AVL - interpreter required - tendency – complaint evidence – delay - context evidence attempt offence proof of intention - alternative count - good character - assessment of evidence Legislation Cited: Crimes Act 1900 Criminal Procedure Act 1985 Evidence Act 1995 Evidence (Audio and Visual Links) Act 1998 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 Cases Cited: R v Mr Antin, unreported, Wollongong District Court 31/3/2021 Fox v Percy (2003) 214 CLR 118; [2003] HCA 22 Category: Principal judgment Parties: Mr Antin (the accused) Director of Public Prosecutions Representation: Counsel: Mr S Fraser, Public Defender (for the accused) Ms K Ratcliffe, Crown Prosecutor