R v YY No. 1 [2016] NSWDC 362

District Court New South Wales

Medium Neutral Citation: R v YY No. 1 [2016] NSWDC 362 Hearing dates: 4 October 2016 to 10 October 2016 Date of orders: 19 October 2016 Decision date: 19 October 2016 Jurisdiction: Criminal Before: A Haesler SC DCJ Decision: GUILTY - s 61M(2) x 8 - counts 1,2,3,4,6,8,9,13 GUILTY - s 61O(2) x 2 - counts 5,7 GUILTY - s 66C(2) x 2 - counts 11,12 NOT GUILTY - s66C(2) x 1 - Count 10 Catchwords: Judge Alone Trial; sexual intercourse child; Acts of indecency toward child; indecent assault; grandfather; tendency; general admissions; exculpatory ERISP; accused silence; delay; no concoction; good character; compelling account by complainant. Legislation Cited: s 61M(2); s 61O(2); s 66C(2 Crimes Act 1900 s 294 Criminal Procedure Act 1986 s 144; s 165B Evidence Act 1995 Cases Cited: Coombes v Roads and Traffic Authority & Ors [2006] NSWCA 229 IMM v The Queen [2016] HCA 14 Longman v The Queen (1989) 169 CLR 79 Category: Principal judgment Parties: YY (accused) Director of Public Prosecutions (Crown) Representation: Counsel: Mr M Fox (for the ODPP) Ms C Davenport (for the accused)

Solicitors: Ms M Aresh (ODPP) Ms J Hall (for the accused) File Number(s): 2015/87400 Publication restriction: The Offender will be referred to by a pseudonym, YY (which will not be his correct initials). Likewise, the names of the complainant/s (and their relatives) are not used, with pseudonyms being used in their place. These steps are taken to guard against identifying the victims consistent with the statutory protection provided by s.578A Crimes Act 1900 and s.15A Children (Criminal Proceedings) Act 1987.