R v Duong [2024] NSWDC 470

District Court New South Wales

Medium Neutral Citation: R v Duong [2024] NSWDC 470 Hearing dates: 13 June 2024 Date of orders: 13 June 2024 Decision date: 24 June 2024 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Crown application granted to adduce evidence of self-harm as consciousness of guilt of accused Catchwords: Evidence; post-offence conduct; self-harm; consciousness of guilt Legislation Cited: Criminal Procedure Act 1986 (NSW) Evidence Act (NSW) 1995 Cases Cited: IMM v The Queen (2016) 257 CLR 300; [2016] HCA 14 R v Shamouil (2006) 66 NSWLR 228; [2006] NSWCCA 112 R v XY [2013] NSWCCA 121 RH v R [2011] NSWCCA 98 R v Cook [2004] NSWCCA 52 Category: Procedural rulings Parties: Tri Duong (the Accused) Director of Public Prosecutions (the Crown) Representation: Counsel: Mr M Clarke (the Crown)

Solicitors: Mr A Tiedt (the Accused) Ms A Degnan (the Crown) File Number(s): 2020/00333653 Publication restriction: s15A of the Children (Criminal Proceedings) Act 1987 prohibits the publication of the name of the complainant Decision under appeal File Number(s): 2020/00333653

JUDGMENT on crown application for advanced ruling

Introduction 1. Prior to empanelment of the jury in this trial the Crown sought an advanced ruling in accordance with s192A of the Evidence Act (NSW) 1995 ("EA"). 2. The accused is charged with 12 principal Counts on the Indictment comprising five charges of indecent assault (Counts 1, 2, 3, 7 and 9), six charges of sexual assault on a child (Counts 4, 5, 6, 8, 10 and 11) and one charge of maintaining an unlawful sexual relationship with a child under the age of 16 (Count 12). In addition, there are three alternative counts to Count 12 each of which allege the accused had sexual intercourse with a child under the age of 16 years. 3. The Crown application concerns evidence that establishes that on 9 October 2009, following disclosure by the complainant JG, the step-daughter of the accused, to her mother of sexual misconduct by the accused towards her, the complainant's mother confronted the accused about the complaint. The accused denied the allegation of sexual misconduct but thereafter attempted suicide by consuming 29x30mg Mirtazapine tables. Mirtazapine is a prescription anti-depressant drug.