R v RB [2022] NSWDC 315

District Court New South Wales

Medium Neutral Citation: R v RB [2022] NSWDC 315 Hearing dates: 07 July 2022 Date of orders: 05 August 2022 Decision date: 05 August 2022 Jurisdiction: Criminal Before: Lerve DCJ Decision: Presumption of Doli Incapax not rebutted beyond reasonable doubt Catchwords: Alleged historical sexual offending by accused who was under 14 at the time of the allegation – doli incapax – issues of maturity – home life of offender – medical records demonstrating violence when accused was a child Legislation Cited: Children (Criminal Proceedings) Act, 1987 Evidence Act, 1995 Cases Cited: BC v R [2019] NSWCCA 111 Bugmy v The Queen [2013] HCA 37 Longman v The Queen [1989] HCA 60 Mahmood v Western Australia (2008) 232 CLR 397 R v JJ; Ex parte Attorney General (Qld) [2005] QCA 153 RP v The Queen (2016) 259 CLR 641; [2016] HCA 53 Rye v Western Australia [2021] WASCA 43 Category: Principal judgment Parties: Regina RB (a pseudonym) Representation: Counsel: Mr M Pincott, Crown Prosecutor Mr D Mulligan for the Accused

Solicitors: Mr C Hasler, Office of the Director of Public Prosecutions Ms J Munro and Ms M Cooper, Legal Aid NSW File Number(s): 2020/128173, 2020/311980 Publication restriction: There must be no publication of the name of the accused or the complainant or anything that might identify either of them.