R v De Martin [2009] NSWDC 113

New South Wales District Court

CITATION: R v De Martin [2009] NSWDC 113

HEARING DATE(S): 13- 14 June 2009

JUDGMENT DATE: 14 May 2009

JURISDICTION: Criminal

JUDGMENT OF: Murrell SC DCJ

CATCHWORDS: CRIMINAL LAW - Judge alone trial - particular offences - offences against the person - sexual offences - aggravated indecent assualt - tendency evidence - reliability of admission made on paedophile chat log

LEGISLATION CITED: Crimes Act 1900 s 61M Evidence Act 1995 s 165(1)(a)

CASES CITED: McKay v R (1935) 54 CLR 1 R v Hatfield [1999] NSWCCA 340

PARTIES: Regina Matthew John DEMARTIN

FILE NUMBER(S): 2008/00019457

COUNSEL: Mr M Pincott of Counsel for the Crown Mr G Heathcote of Counsel for the Accused

SOLICITORS: NSW Director of Public Prosecutions Cater and Blumer Solicitors

1 The accused pleaded guilty to the offence that, between 1 November 2006 and 19 November 2007 at Griffith, he committed an act of indecency towards the complainant.

2 On 13 May 2009, the accused pleaded not guilty to the offence that, between 1 November 2006 and 19 November 2007, he assaulted the complainant and at the time of the assault committed an act of indecency on the complainant by rubbing his penis against the complainant, the complainant being under 16 years of age.

3 On 11 May 2009, the accused elected to be tried by a judge alone and the DPP consented. I was satisfied that, before making the election, the accused had sought and received advice from a barrister.

4 The Crown tendered the record of a chat log on a computer belonging to the accused, and a record of interview between the police and the complainant. The Crown led short oral evidence from the complainant's mother and the officer in charge of the investigation. The accused called no evidence.