R v Lamey (No. 1) [2023] NSWDC 67

District Court New South Wales

Medium Neutral Citation: R v Lamey (No. 1) [2023] NSWDC 67 Hearing dates: 22 March 2023 Date of orders: 22 March 2023 Decision date: 22 March 2023 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: The application to discharge the jury is refused Catchwords: CRIMINAL PROCEDURE — Trial — Jury — Application to discharge jury CRIMINAL PROCEDURE — Trial — Jury — Examination of jurors Legislation Cited: Crimes Act 1900 Jury Act 1977 Cases Cited: Bahrami v R [2017] NSWCCA 8 Black v The Queen (1993) 179 CLR 44 Category: Procedural rulings Parties: Rex (Crown) Benjamin Mark Lamey (Accused) Representation: Dion Carnell (Solicitor Advocate for the Crown) Rebekah Court (Counsel for the Accused)

Director of Public Prosecutions (Crown) Fourtree Lawyers (Accused) File Number(s): 2019/00320273 & 2020/00160284 Publication restriction: No publication of the names of the complainants or of any information which may enable their identities to be ascertained

JUDGEMENT

Introduction 1. In the District Court of New South Wales, Newcastle, Benjamin Mark Lamey faces trial upon 14 counts of sexual assault against children. These are:

Count One Between 1 January 2007 and 8 June 2007, at Raymond Terrace in the State of New South Wales, did maintain an unlawful sexual relationship with AR then a child under the age of 16, namely six years of age, in which the Accused engaged in the following two or more unlawful sexual acts: performing cunnilingus on the complainant, digitally penetrating the complainant's vagina, touching the outside of the complainant's vagina on top of her clothing, touching the outside of the complaint's vagina underneath her clothing, and touching the complainant on her bottom. S 66EA(1) Crimes Act 1900 Law Part Code 93750