R v JDS [2021] NSWDC 579

District Court New South Wales

Medium Neutral Citation: R v JDS [2021] NSWDC 579 Hearing dates: 5 October 2021 – 14 October 2021 Date of orders: 27 October 2021 Decision date: 27 October 2021 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Verdicts of Guilty on Counts 1-5; Verdict of Not Guilty on Counts 6-7. For orders see [301]. Catchwords: CRIME – Judge alone trial – historical child sex offending – aggravated indecent assault – aggravated sexual assault – sexual intercourse – sexual assault – assault & commit act of indecency - victim under 10 – victim under 16 years – under authority – tendency evidence – context evidence. Legislation Cited: Criminal Procedure Act 1986 Evidence Act 1995 (NSW) Cases Cited: Markuleski v R (2001) 52 NSWLR 82; [2001] NSWCCA 290 Category: Principal judgment Parties: Director of Public Prosecutions (Crown) JDS (Accused) Representation: Counsel: L. Lungo (Crown) J. Ellis (Accused) File Number(s): 2020/20534 Publication restriction: S 578A of the Crimes Act 1900 applies to as to prohibit the publication of any material which may identify or is likely to lead to the identification of the complainants in the proceedings

Judgment Counts 1 and 2 Count 3 Count 4 Count 5 Count 6 and Count 7 Evidence in the Crown case Evidence of DSE Evidence of JE The accused's ERISP Evidence of DE Evidence of ME Evidence of the Officer in Charge ("OIC") Detective Harvey Cole Evidence of Dr A McDonald The accused's case Evidence of the accused, JDS Evidence of LS The Crown address The accused's address Directions of law Assessment of witnesses generally Assessment of witnesses in the Crown case Assessment of witnesses in the accused's case Findings of fact Determination Orders