R v Scott [2022] NSWDC 266

District Court New South Wales

Medium Neutral Citation: R v Scott [2022] NSWDC 266 Hearing dates: 28/6/22-7/7/22, 14/7/22 Date of orders: 14/7/22 Decision date: 14 July 2022 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: Verdict of Not Guilty to Count 1. Verdict of Guilty to Count 2. Catchwords: Crime – Judge alone trial – Verdict – Unlawfully cause person to ingest stupefying drug with intent to commit indictable offence of sexual assault – Teacher have homosexual intercourse with pupil under 18 years. Legislation Cited: Criminal Procedure Act 1986 Cases Cited: Prouten v Chapman [2021] NSWCA 207 Category: Principal judgment Parties: NSW DPP – Crown Peter Wayne Scott - Accused Representation: Mr J Mehta for Crown Mr Z Khan for Accused File Number(s): 2020/341820 Publication restriction: Crimes Act s.578A - non-publication of the identities of the complainant, the tendency witnesses, and any other witness who was a child at the time of the alleged offences. Names of those witnesses anonymised.

verdict and reasons

General matters 1. The Accused is charged on an indictment containing two counts which are as follows:- 1. That between 1 December 1984 and 31 December 1984, in Sydney, he did unlawfully cause DH to ingest a stupefying drug, and did so with the intent to enable him to commit the indictable offence of sexual assault upon the said DH. 2. That between 1 December 1984 and 31 December 1984, in Sydney, he did have homosexual intercourse with DH, a male person above the age of 10 years and under the age of 18 years, namely 16 years old, during a time upon which he worked as a schoolteacher at Cromer High School and the said DH was a pupil. 1. The trial of the Accused proceeded by Judge alone, pursuant to orders made by Judge Yehia SC (as Yehia J then was). 2. In this judgement I record my verdicts, and reasons for reaching those verdicts. 3. 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.