R v JH [2016] NSWDC 351

District Court New South Wales

Medium Neutral Citation: R v JH [2016] NSWDC 351 Hearing dates: 7 – 8 December 2016 Date of orders: 13 December 2016 Decision date: 13 December 2016 Jurisdiction: Criminal Before: Berman SC DCJ Decision: The accused is found guilty of the charge on the indicment Catchwords: CRIMINAL LAW – Judgment and verdict – Indecent assault Category: Principal judgment Parties: The Crown JH Representation: Counsel: Ms K Jeffreys – Crown Mr M Gleeson – The accused

Solicitors: Director of Public Prosecutions Bannisters Lawyers – The accused File Number(s): 2014/370412 Publication restriction: There is to be no publication of the name of the complainant or of any material which may tend to identify the complainant

Judgment

Introduction 1. On 7 December 2016 the Crown presented an indictment containing a single count against the accused JH. 2. That count was an allegation that on 16 December 2014 the accused indecently assaulted TS, a woman he had met only the day before. The particulars of that offence are that it is alleged that the accused pressed his erect penis against TS and at the same time kissed her on her shoulder with an open mouth. 3. It is I who will determine the appropriate verdicts in this trial, an election for trial by judge alone having been made by JH and consented to by the prosecution. 4. There is to be no publication of any evidence which would identify or tend to identify the complainant in this matter. Because of other matters yet to be determined, until further order there is to be no publication of the name of the accused.