R v Roy De La Torre [2014] NSWDC 89

District Court New South Wales

Medium Neutral Citation: R v Roy De La Torre [2014] NSWDC 89 Hearing dates: 30 June 2014 - 4 July 2014 Decision date: 07 July 2014 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Guilty verdict; for orders see [175] Catchwords: Circumstantial Crown case; tendency and coincidence evidence Legislation Cited: Crimes Act 1900 Criminal Procedure Act Evidence Act 1995 Category: Principal judgment Parties: Department of Public Prosecutions (Crown) Roy De La Torre - Accused Representation: C Davenport (Crown) I Todd (Accused) File Number(s): 13/124501 Publication restriction: Order made pursuant to s7 of the Courts Suppression and Non-Publication Orders Act 2010 as to the complainant's name and those of her family

Judgment 1Roy De La Torre is charged that: "On 21 April 2013 at Coogee in the State of New South Wales he did assault SM, and at the time of the assault did commit an act of indecency on SM, a person then under the age of 16 years, namely, 6 years. 2The charge is brought pursuant to s 61M(2) of the Crimes Act 1900. By consent the trial proceeded to be heard by Judge alone commencing on 30 June 2014. This judgment records my verdict and my reasons for reaching that verdict. 3The elements of the offence are as follows: (1)On 21 April 2013 at Coogee (2)The accused did assault SM (3)At the time of the assault did commit an act of indecency on SM (4)Who at that time was under the age of 16 years, namely 6 years. 4The Crown bears the onus of proving the charge beyond reasonable doubt. That involves proving each of the elements listed above beyond reasonable doubt. The onus of proof remains at all times on the Crown to prove the elements of the charge beyond reasonable doubt. I am mindful that speculation cannot enter into my considerations and inferences may be drawn from established facts only if such an inference is a rational inference.