Director of Public Prosecutions v Murphy (a pseudonym) [2023] NSWLC 11

Local Court New South Wales

Medium Neutral Citation: Director of Public Prosecutions v Murphy (a pseudonym) [2023] NSWLC 11 Hearing dates: 10 March 2023, 10 May 2023, 19 July 2023, and 1 August 2023 Date of orders: 9 August 2023 Decision date: 09 August 2023 Jurisdiction: Criminal Before: Nash LCM Decision: (1) I find each of the elements of the offence proved beyond reasonable doubt and enter a verdict of 'guilty'. (2) Mr Murphy is convicted of the offence. (3) The proceedings are adjourned for sentence. Catchwords: Crime – sexual touching of 5 year old child contrary to s 66DA Crimes Act 1900 – application of Murray and Liberato directions Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW) Crimes Act 1900 (NSW) Criminal Procedure Act 1986 (NSW) Evidence Act 1995 (NSW) Cases Cited: Awad v The Queen; Tambakakis v The Queen [2022] HCA 36 De Silva v The Queen (2019) 268 CLR 57 Liberato v The Queen (1985) 159 CLR 507 R v Murray (1987) NSWLR 12 Texts Cited: Nil Category: Principal judgment Parties: Director of Public Prosecutions (NSW) (Prosecutor) John Murphy (Defendant) Representation: Solicitors:

Mr Larkin, ODPP Solicitor (Prosecutor) Mr Giles, Tony Cox Lawyers & Conveyancers (Defendant) File Number(s): 2022/00181372 Publication restriction: The offender's name is subject to a suppression order. The name of the complainant is also not to be published, nor is any other material that could lead to the identification of the complainant or any information that may reveal the relationship between the offender and the complainant. This includes the name of the mother and father of the complainant, and the complainant's relationship with the offender: s 578A Crimes Act 1900 (NSW) and s 15A Children (Criminal Proceedings) Act 1987 (NSW).