R v GM [2024] NSWDC 134

District Court New South Wales

Medium Neutral Citation: R v GM [2024] NSWDC 134 Hearing dates: 6 March 2024 – 11 April 2024 Date of orders: 26 April 2024 Decision date: 26 April 2024 Jurisdiction: Criminal Before: Grant DCJ Decision: The accused, GM, is found not guilty of Counts 1 – 45 Catchwords: CRIMINAL LAW – Child sex offences -Multiple Counts- Four Complainants-Verdict – Judge alone trial Legislation Cited: Crimes Act 1900 (NSW) Criminal Procedure Act 1986 (NSW) Criminal Code Act 1995 (Cth) Evidence Act 1995 (NSW) Cases Cited: Fleming v The Queen (1998) 197 CLR 250 The Queen v Bauer [2018] HCA 40 Category: Principal judgment Parties: Rex (Crown) GM (Accused) Representation: Counsel: Ms F Vella (Crown) Ms M Cusack (Accused) Solicitors: Ms K Palenzuela (Crown) Ms T Randall (Accused) File Number(s): 2021/00112985; 2021/00348381; 2022/00057816 Publication restriction: Pursuant to s 15A Children (Criminal Proceedings) Act 1987 (NSW) and s 578A Crimes Act 1900 (NSW), there is to be no publication of any information, picture or other material, that identifies, or is likely to lead to the identification of a complainant. Identifying information has been removed from this version of the judgment to comply with the statutes.

JUDGMENT 1. On 6 March 2024, the accused GM was arraigned before the Sydney District Court and pleaded "not guilty" to the following counts, namely, that he, 1. between 30 April 2008 and 26 December 2008, at [redacted] in the State of New South Wales, did assault AR and at the time of that assault committed an act of indecency on AR, she being then under the age of 10 years, namely, 6 years of age, contrary to s 61M(2) Crimes Act 1900; 2. In the alternative to Count 1, between 30 April 2008 and 26 December 2008, at [redacted] in the State of New South Wales, committed an act of indecency with AR, a child then under the age of 10 years, namely, 6 years of age, contrary to s 61O(2) Crimes Act 1900; 3. between 30 April 2008 and 26 December 2009, at [redacted] in the State of New South Wales, did have sexual intercourse with AR, a child then under the age of 10 years, namely, 6 or 7 years of age, contrary to s 66A Crimes Act 1900; 4. between 30 April 2008 and 26 December 2008, at [redacted] in the State of New South Wales, did have sexual intercourse with AR, a child then under the age of 10 years, namely, 6 years of age, contrary to s 66A Crimes Act 1900; 5. between 31 March 2009 and 1 June 2009, at [redacted] in the State of New South Wales, did assault AR and at the time of that assault committed an act of indecency on AR, she being then under the age of 16 years, namely, 7 years of age, contrary to s 61M(2) Crimes Act 1900; 6. In the alternative to Count 5, between 31 March 2009 and 1 June 2009, at [redacted] in the State of New South Wales, committed an act of indecency with AR, a child then under the age of 10 years, namely, 7 years of age, contrary to s 61O(2) Crimes Act 1900; 7. between 1 April 2009 and 25 December 2009, at [redacted] or elsewhere in the State of New South Wales, committed an act of indecency with AR, a child then under the age of 10 years, namely, 7 years of age, contrary to s 61O(2) Crimes Act 1900; 8. between 31 March 2009 and 26 December 2009, at [redacted] or elsewhere in the State of New South Wales, did assault AR and at the time of that assault committed an act of indecency on AR, she being then under the age of 16 years, namely, 7 years of age, contrary to s 61M(2) Crimes Act 1900; 9. between 31 March 2009 and 26 December 2009, at [redacted] or elsewhere in the State of New South Wales, did assault AR and at the time of that assault committed an act of indecency on AR, she being then under the age of 16 years, namely, 7 years of age, contrary to s 61M(2) Crimes Act 1900; 10. In the alternative to Count 9, between 1 April 2009 and 25 December 2009, at [redacted] or elsewhere in the State of New South Wales, committed an act of indecency with AR, a child then under the age of 10 years, namely, 7 years of age, contrary to s 61O(2) Crimes Act 1900; 11. between 1 December 2008 and 31 December 2008, at [redacted] in the State of New South Wales, did assault LP, and at the time of such assault, did commit an act of indecency on LP, a child then under the age of 10 years, namely, 6 years, contrary to s 61M(2) Crimes Act 1900; 12. between 1 December 2008 and 31 December 2008, at [redacted] in the State of New South Wales, did have sexual intercourse with LP, a child then under the age of 10 years, namely, 6 years, contrary to s 66A Crimes Act 1900; 13. between 1 December 2008 and 31 December 2008, at [redacted] in the State of New South Wales, did have sexual intercourse with LP, a child then under the age of 10 years, namely 6 years, contrary to s 66A Crimes Act 1900; 14. between 1 December 2008 and 31 December 2008, at [redacted] in the State of New South Wales, did assault LP, and at the time of such assault, did commit an act of indecency on LP, a child then under the age of 10 years, namely, 6 years, contrary to s 61M(2) Crimes Act 1900; 15. between 24 December 2008 and 6 January 2009, at [redacted] in the State of New South Wales, did have sexual intercourse with LP, a child then under the age of 10 years, namely, 6 years, contrary to s 66A Crimes Act 1900; 16. between 24 December 2008 and 6 January 2009, at [redacted] in the State of New South Wales, did have sexual intercourse with LP, a child then under the age of 10 years, namely, 6 years, contrary to s 66A Crimes Act 1900; 17. between 24 December 2008 and 6 January 2009, at [redacted] in the State of New South Wales, did assault LP, and at the time of such assault, did commit an act of indecency on LP, a child then under the age of 10 years, namely, 6 years, s 61M(2) Crimes Act 1900; 18. between 24 December 2008 and 6 January 2009, at [redacted] in the State of New South Wales, committed an act of indecency towards LP, a child then under the age of 10 years, namely 6 years, contrary to s 61O(2) Crimes Act 1900. 19. between 1 January 2009 and 1 April 2009, at [redacted] in the State of New South Wales, did have sexual intercourse with LP, a child then under the age of 10 years, namely 6 years in circumstances of aggravation, namely, at the time LP was under the authority of GM, contrary to s 66A(2) Crimes Act 1900; (amended on 11 April 2024) 20. In the alternative to Count 19, between 1 January 2009 and 1 April 2009, at [redacted] in the State of New South Wales, did have sexual intercourse with LP, a child then under the age of 10 years, namely 6 years, contrary to s 66A(1) Crimes Act 1900; (amended on 11 April 2024) 21. between 1 January 2009 and 1 April 2009, at [redacted] in the State of New South Wales, did have sexual intercourse LP, a child then under the age of 10 years, namely 6 years, in circumstances of aggravation, namely, at the time LP was under the authority of GM, contrary to s 66A(2) Crimes Act 1900; (amended on 11 April 2024) 22. In the alternative to Count 21, between 1 January 2009 and 1 April 2009, at [redacted] in the State of New South Wales, did have sexual intercourse with LP, a child then under the age of 10 years, namely 6 years, contrary to s 66A(1) Crimes Act 1900; (amended on 11 April 2024) 23. between 1 January 2009 and 1 April 2009, at [redacted] in the State of New South Wales, did commit an act of indecency towards LP, then a child under the age of 10 years, namely, 6 years, contrary to s 61O(2) Crimes Act 1900; (amended on 11 April 2024) 24. between 1 April 2009 and 19 November 2009, at [redacted] in the State of New South Wales, did have sexual intercourse with LP, a child then under the age of 10 years, namely 7 years, in circumstances of aggravation, namely, at the time LP was under the authority of GM, contrary to s 66A(2) Crimes Act 1900; (amended on 11 April 2024) 25. In the alternative to Count 24, between 1 April 2009 and 19 November 2009, at [redacted] in the State of New South Wales, did have sexual intercourse with LP, a child then under the age of 10 years, namely 7 years, contrary to s 66A(1) Crimes Act 1900; (amended on 11 April 2024) 26. between 31 October 2009 and 1 December 2009, at [redacted] in the State of New South Wales, did have sexual intercourse with LP, a child then under the age of 10 years, namely 7 years in circumstances of aggravation, namely, at the time LP was under the authority of GM, contrary to s 66A(2) Crimes Act 1900; 27. In the alternative to Count 26, between 31 October 2009 and 1 December 2009, at [redacted] in the State of New South Wales, did have sexual intercourse with LP, a child then under the age of 10 years, namely 7 years, contrary to s 66A(1) Crimes Act 1900; 28. between 31 October 2009 and 1 December 2009, at [redacted] in the State of New South Wales, did attempt to have sexual intercourse LP, a child then under the age of 10 years, namely 7 years, contrary to s 66B Crimes Act 1900; 29. between 18 April 2009 and 19 April 2010, at [redacted] in the State of New South Wales, did assault BF and at the time of such assault committed an act of indecency on BF, a child then under the age of 16 years, namely, 7 years, contrary to s 61M(2) Crimes Act 1900; 30. between 18 April 2009 and 19 April 2010, at [redacted] in the State of New South Wales, did assault BF and at the time of such assault committed an act of indecency on BF, a child then under the age of 16 years, namely, 7 years, contrary to s 61M(2) Crimes Act 1900; 31. between 18 April 2009 and 19 April 2010, at [redacted] in the State of New South Wales, did assault BF and at the time of such assault committed an act of indecency on BF, a child then under the age of 16 years, namely, 7 years, contrary to s 61M(2) Crimes Act 1900; 32. between 18 April 2009 and 19 April 2010, at [redacted] in the State of New South Wales, did assault BF and at the time of such assault committed an act of indecency on BF, a child then under the age of 16 years, namely, 7 years, contrary to s 61M(2) Crimes Act 1900; 33. between 18 April 2009 and 19 April 2010, at [redacted] in the State of New South Wales, did assault BF and at the time of such assault committed an act of indecency on BF, a child then under the age of 16 years, namely, 7 years, contrary to s 61M(2) Crimes Act 1900; 34. between 19 April 2011 and 18 April 2013, at [redacted] in the State of New South Wales, did have sexual intercourse with BF without the consent of BF, knowing she was not consenting and in circumstances of aggravation, namely, that at the time of the offence BF was under the age of 16 years, namely, aged between 9 and 10 years, contrary to s 61J(1) Crimes Act 1900; 35. In the alternative to Count 35, between 19 April 2011 and 18 April 2013, at [redacted] in the State of New South Wales, had sexual intercourse with BF, a child then above the age of 10 years and under 14 years, namely between 9 and 10 years, contrary to s 66C(1) Crimes Act 1900; 36. between 25 May 2010 and 4 February 2014, at [redacted] in the State of New South Wales, did assault BF and at the time of such assault committed an act of indecency on BF, a child then under the age of 16 years, namely, between the ages of 8 to 11 years, contrary to s 61M(2) Crimes Act 1900; 37. between 18 April 2009 and 4 February 2014, at [redacted] in the State of New South Wales, did have sexual intercourse with BF without the consent of BF, knowing she was not consenting and in circumstances of aggravation, namely, that at the time of the offence BF was under the age of 16 years, namely, aged between 6 and 11 years, contrary to s 61J(1) Crimes Act 1900; 38. In the alternative to Count 37, between 18 April 2009 and 4 February 2014, at [redacted] in the State of New South Wales, had sexual intercourse with BF, a child then above the age of 10 years and under 14 years, namely between 6 and 11 years, contrary to s 66C(1) Crimes Act 1900; 39. between 14 March 2012 and 15 March 2017, at [redacted] in the State of New South Wales, did assault MC and at the time of such assault committed an act of indecency in the presence of MC a child then under the age of 16 years, namely, between 9 and 14 years, contrary to s 61M(2) Crimes Act 1900; 40. between 14 March 2012 and 15 March 2017, at [redacted] in the State of New South Wales, did commit an act of indecency towards MC, a person under the age of 16 years, namely, between 9 and 14 years, contrary to s 61N(1) Crimes Act 1900; 41. between 14 March 2012 and 14 March 2016, at [redacted] in the State of New South Wales, did commit an act of indecency towards MC, a person under the age of 16 years, namely, between 9 and 13 years, contrary to s 61N(1) Crimes Act 1900; 42. between 1 January 2014 and 31 January 2015, at [redacted] in the State of New South Wales, used a carriage service, namely, 'Snapchat' to transmit a communication to MC, and the communication included indecent material, and at the time the accused was over the age of 18 years and MC was under 16 years of age, namely between 10 to 11 years, contrary to s 474.27A(1) Criminal Code; 43. between 14 March 2014 and 15 March 2017, at [redacted] in the State of New South Wales, did assault MC and at the time of the assault committed an act of indecency on MC a child then under the age of 16 years, namely, between 11 and 14 years, contrary to s 61M(2) Crimes Act 1900; (amended 26 March 2024) 44. between 14 March 2014 and 15 March 2017, at [redacted] in the State of New South Wales, did have sexual intercourse with MC without the consent of MC, knowing she was not consenting, and in circumstances of aggravation, namely, that at the time of the offence MC was under the age of 16 years, namely, between 11 and 14 years, contrary to s 61J(1) Crimes Act 1900; (amended 26 March 2024) and; 45. In the alternative to Count 44, between 14 March 2014 and 13 March 2017, at [redacted] in the State of New South Wales, had sexual intercourse with MC, a child then above 10 years and under 14 years, namely, between 11 and 13 years, contrary to s 66C(1) Crimes Act 1900 (amended 26 March 2024).