R v Ferguson [2024] NSWDC 331

District Court New South Wales

Medium Neutral Citation: R v Ferguson [2024] NSWDC 331 Hearing dates: 30 July 2024 – 5 August 2024 Date of orders: 9 August 2024 Decision date: 09 August 2024 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Verdicts of guilty on Counts 1 to 4; Catchwords: Sexual touching in circumstances of aggravation; sexual intercourse in circumstances of aggravation; Judge alone trial. Legislation Cited: Crimes Act 1900 Criminal Procedure Act 1986 Evidence Act 1995 Cases Cited: Azzi v R [2013] NSWCCA 249 Jovanovic v R (1997) 42 NSWLR 520 Liberato v The Queen (1985) 159 CLR 507; [1985] HCA 66 R v Al Batat & Ors (No 19) [2019] NSWSC 1297 Category: Principal judgment Parties: Benjamin Joel Ferguson (the Accused) Office of the Director of Public Prosecutions (the Crown) Representation: Counsel: Mr R Boyd (the Accused) Mr A Lynch (the Crown)

Solicitors: Mr S Lewis (the Accused) Ms J Crane (the Crown) File Number(s): 2020/00308350 Publication restriction: Pursuant to s578A of the Crimes Act 1900 the name of the complainant or any matter which is likely to lead to the identification of the complainant, shall not be published.

JUDGMENT Evidence in the Crown case Evidence of the complainant AT Evidence in the accused's case Crown application to adduce further evidence The Crown submissions The accused's submissions Crown submissions in reply Determination of the Crown's application The Crown address The accused's address Directions of law Counts 1 and 3 Elements for Counts 2 and 4 The factual issue to be determined Findings of fact Matters not in dispute Determination of the ultimate factual issue – Did each of the acts alleged by the complainant occur? Has the Crown proved the offences beyond reasonable doubt? Conclusion and verdicts