R v Hall [2022] NSWDC 109

District Court New South Wales

Medium Neutral Citation: R v Hall [2022] NSWDC 109 Hearing dates: 4/4/22-8/4/22, 12/4/22 Date of orders: 12/4/22 Decision date: 12 April 2022 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: I find the accused guilty of counts 1 and 2. Catchwords: Crime – Judge alone trial – Verdict – Indecent assault Legislation Cited: Criminal Procedure Act 1986 Cases Cited: Hughes v The Queen [2017] HCA 20; 263 CLR 338 Category: Principal judgment Parties: NSW DPP – Crown Edward Smith Hall - Accused Representation: Ms K Mulley for Crown Mr T Healey for Accused File Number(s): 2019/110683 Publication restriction: Non-publication of the identity of the complainant, the complainant's mother and brother, and any other witness who was a child at the time of the alleged offences

Judgment on verdict 1. The Accused is charged with 2 offences, which are both as follows:- Between 26 June 1974 and 30 November 1974 in Gloucester District or elsewhere in the State of New South Wales, did assault the complainant a male person and commit an act of indecency on him. 1. He has pleaded not guilty to those charges. 2. On 4 April 2022, an order was made by consent, that the Accused's trial be conducted by judge alone. On Monday 4 April 2022, he was arraigned, and his trial commenced. 3. The charges involve one Complainant, who at the relevant time was aged 15.

General matters 1. In this judgement I record my verdicts, and reasons for reaching those verdicts. 2. In reaching my verdicts, I must take into account any warning, direction or comment which by law would be required to be given or made to a jury.