R v Meredith (No 3) [2024] NSWDC 248

District Court New South Wales

Medium Neutral Citation: R v Meredith (No 3) [2024] NSWDC 248 Hearing dates: 27 June 2024 Decision date: 27 June 2024 Jurisdiction: Criminal Before: Bennett ADCJ Decision: Application for Witness Intermediary Legislation Cited: S 306ZK Criminal Procedure Act 1986 Category: Procedural rulings Parties: Rex (Crown) Timothy William Meredith (Accused) Representation: Counsel: Crown Prosecutor Michelle Swift Defence Counsel Linda McSpedden File Number(s): 2022/00143438 2022/00280631

JUDGMENT

Introduction 1. Timothy William Meredith appears for trial upon an indictment reference 202205730_52.2 charged with 24 counts for offences of Indecent assault contrary to s 61M(2) Crimes Act 1900, observing a person engaged in a private act to obtain sexual arousal contrary to s 91J(3) Crimes Act 1900, sexual intercourse contrary to s 66C(1) and s 61J(1) Crimes Act 1900, assault contrary to s 61 Crimes Act 1900, sexual touching contrary to s. 66DB(a) Crimes Act 1900, assault with intent to have sexual intercourse contrary to s 66D Crimes Act 1900, attempted sexual touching contrary to s 66DB(a) in conjunction with s 344A(1) Crimes Act 1900, and sexual touching contrary to s 66DA(a) Crimes Act 1900. 2. All complainants were children at the specified times of the alleged offences except for one of them who might have been aged 18 years. All suffered limitations which as between them varied in their significance. The Crown case includes the direct evidence of the offence anticipated from the complainants, complaint evidence, and evidence of tendency for which the Crown contends relying upon each of the 24 counts on the indictment. 3. This is the second trial to be faced by the accused with the first commenced on 11 June 2024 before me and a jury. The first trial concluded on Monday 27 June 2024 when the jury returned with verdicts of guilty in respect of three counts, but not guilty of all remaining counts brought upon allegations by another complainant. 4. The accused's second trial upon the charges summarised above was listed to commence on 8 July 2024 when a jury was to be empanelled. The estimated time for the trial before a judge sitting with a jury was five weeks. The early conclusion of the first trial meant that the proceedings for the second trial could commence within the three weeks estimated for the first trial, and thus initial steps were undertaken when the jury were deliberating on Friday 21 and Monday 24 June 2024.