R v Ashcroft [2024] NSWDC 603

District Court New South Wales

Medium Neutral Citation: R v Ashcroft [2024] NSWDC 603 Hearing dates: 18 December 2024 Date of orders: 19 December 2024 Decision date: 19 December 2024 Jurisdiction: Criminal Before: Abadee DCJ Decision: See paragraph [113] Catchwords: CRIME – appeals and reviews – two convictions in the Local Court of sexual touching against a child aged between 10 and 16 – three acquittals of same offence against three other complainants – the Magistrate made findings of probability of sexual touching concerning two of the other complainants, but was not persuaded of proof to the criminal standard – additional evidence of uncharged acts - tendency evidence and its significance to the charges giving rise to the two convictions – whether in the case of one complainant, non-disputed touching by the appellant of her breast was intentional or 'accidental' – whether in the case of the other complainant, there was touching by the appellant of her breast at all – the significance, in the case of the latter complainant, that there was an absence, when the complainant made her initial complaint, of specific reference to touching of her breast – whether Magistrate erred by placed disproportionate weight on positive finding of complainant's demeanour Legislation Cited: Crimes Act 1900 (NSW), s 66DB Criminal Procedure Act 1986 (NSW), ss, 161A, 293A, 294 Evidence Act 1995 (NSW), s 78 Cases Cited: Gautam v Health Care Complaints Commission [2021] NSWCA 85 R v Scott [2023] NSWDC 271 Texts Cited: Nil Category: Principal judgment Parties: Mr Roger Ashcroft (Appellant) Office of the Director of Public Prosecutions (ODPP) (Respondent) Representation: Counsel: Mr R El-Choufani for the Appellant Mr D Rainey (Solicitor Advocate) for the Respondent