R v Taupe [2013] NSWDC 328

District Court New South Wales

Medium Neutral Citation: R v Taupe [2013] NSWDC 328 Decision date: 19 December 2013 Before: Cogswell SC DCJ Decision: Judge alone judgment - convicted of 3 counts of sexual assault - sexual intercourse by digital penetration. Catchwords: CRIMINAL LAW - Particular offences - aggravated sexual assault - digital penetration - 16 counts - assaults against same child victim when victim aged 8 to 15 - victim offender's stepdaughter - admissions made during police interview - admissions as tendency evidence - plea of not guilty entered to charges on indictment - dispute as to victim's age and seriousness of assaults - trial before judge without jury - overwhelming prejudice to accused - delay in complaint (s 165B of the Evidence Act 1995) - whether assistance of victim's mother in gathering collateral information contributed to victim's recollection of sexual assaults? Legislation Cited: Criminal Procedure Act 1986 (NSW), s 294. Evidence Act 1995 (NSW), ss 97, 165B. Cases Cited: R v Markuleski [2001] NSWCCA 290; 125 A Crim R 186. Category: Principal judgment Parties: Regina (Crown) Peter Taupe (Accused) Representation: Counsel: CC Patrick (Crown) B O'Reilly (Accused) Solicitors: Office of the Director of Public Prosecutions (Crown) Kernaghan and Associates (Accused) File Number(s): DC 2011/00018805 Publication restriction: Pursuant to s 578A of the Crimes Act 1900 there is to be no publication of the victim's name or anything that may lead to identification of the victim. Identifying information has been removed from this version of the judgment to comply with the statute and, in some cases, replaced with pseudonyms (which are colours)