R v RL (No 1) [2016] NSWDC 162

District Court New South Wales

Medium Neutral Citation: R v RL (No 1) [2016] NSWDC 162 Hearing dates: 1 August 2016 – 4 August 2016 Date of orders: 05 August 2017 Decision date: 05 August 2016 Jurisdiction: Criminal Before: Berman SC Decision: The accused is found not guilty on counts 1,3,5 and 6 on the indictment The accused is found guilty of count 7 on the indictment., The accused is convicted by his pleas of guilty on counts 2 and 4 on the indictment. Catchwords: CRIMINAL LAW – Judgment - Judge alone trial - Historical sexual assault - Young boy alleged to have had carnal knowledge with his sister - Accused conclusively presumed to be incapable of committing offence - Crown concedes accused must be acquitted on one count - Count should never have appeared on indictment - Absence of specific evidence regarding issue of doli incapax Legislation Cited: Crimes Act Cases Cited: C (a minor) v DPP [1995] UKHL 15 at [38]. R v Waite [1892] 2 QB 600 Category: Principal judgment Parties: The Crown RL Representation: Counsel: P Rosser QC - Accused

Solicitors: Director of Public Prosecutions Leanne Moystyn-Turner - Accused File Number(s): 2014/00270745 Publication restriction: There is to be no publication of the name of the complainant and of any material which may identify the complainant. That would include the name of the accused.

Judgment

Introduction 1. On 1 August 2016 the Crown presented an indictment containing 7 counts against the accused RL. 2. The counts and the accused's pleas to them were as follows: * Count 1 an allegation of carnal knowledge – plea of not guilty, * Count 2 an allegation of indecent assault laid in the alternative to count 1 - plea of guilty, * Count 3 an allegation of carnal knowledge – plea of not guilty, * Count 4 an allegation of indecent assault laid in the alternative to count 3 - plea of guilty, * Counts 5 and 6 were allegations that the accused incited two others to have carnal knowledge with the complainant - pleas of not guilty and, * Count 7 was an allegation of indecent assault – also a plea of not guilty. 1. It is I who will determine the appropriate verdicts in this trial, an election for trial by judge alone having been made by the accused and consented to by the prosecution. 2. There is to be no publication of any evidence which would identify or tend to identify the complainant in this matter. That would include publication of the name of the accused.