R v Howard (a pseudonym) [2023] NSWDC 210

District Court New South Wales

Medium Neutral Citation: R v Howard (a pseudonym) [2023] NSWDC 210 Hearing dates: 21 March 2023 – 25 March 2023 Date of orders: 16 June 2023 Decision date: 16 June 2023 Jurisdiction: Criminal Before: Sutherland SC DCJ Decision: Verdicts of not guilty with respect to each matter. Catchwords: CRIME — Sexual offences — Indecent assault of a child CRIMINAL PROCEDURE — Trial — Judge alone EVIDENCE — Witness evidence — Corroboration — Delay — Reliability — Prior sexual conduct Legislation Cited: Crimes Act 1900 (NSW) Criminal Procedure Act 1986 (NSW) Cases Cited: AK v Western Australia (2008) HCA 8; (2008) 232 CLR 438 Fleming v R (1998) 197 CLR 250 Liberato v The Queen (1985) 159 CLR 507 R v Murray (1987) 11 NSWLR 12 Category: Principal judgment Parties: Rex Richard Howard (a pseudonym) (Accused) Representation: Counsel: V Morgan (Crown) C McGorey (Accused)

Solicitors: NSW Director of Public Prosecutions (Crown) Legal Aid (NSW) (Accused) File Number(s): 2021/265159 Publication restriction: Non-publication order for the accused, the complainant and any matters identifying the complainant including the names of related persons.

Index to Pseudonyms John Bush Complainant and alleged victim Richard Howard Complainant's step father; the accused Helen Bush Complainant's mother Margaret Wren Former partner of the accused, Richard Howard and subsequent partner of Steven Pearce Steven Pearce Former partner of the complainant's mother, Helen Bush and subsequent partner of Margaret Wren David Patient Complainant's father Harriet Bush Complainant's older sister Michael Howard Complainant's step-brother Frieda Howard Complainants step- sister Uncle Sonny Bush Complainant's mother's brothers Uncle Calvin Bush Aunt Dorothy Complainant's mother's sister Barney Bush Complainant's grandfather Uncle Wyatt Earp and Ruth An apparent uncle and his partner who cared for the complainant and his sister in 2015 Aunt Hilda Clarke Complainant's mother's first cousin and permanent carer of the complainant and his siblings Aunt Tess Clarke Aunt Hilda's daughter Harry Little Complainant's grandmother's brother and uncle to the complainant's mother Elsie Bush Complainant's grandmother Gary and Annabelle Bridgestone Foster carers of the complainant and his step-sisters during 2016 Peter Simpson Complainant's teacher at Moree East Public School