R v Lawrence [2019] NSWDC 363

District Court New South Wales

Medium Neutral Citation: R v Lawrence [2019] NSWDC 363 Hearing dates: 19 June 2019 – 2 July 2019 Date of orders: 26 July 2019 Decision date: 26 July 2019 Jurisdiction: Criminal Before: Gartelmann SC DCJ Decision: In respect of Count 1: guilty; in respect of Count 2: guilty. Catchwords: CRIMINAL PROCEDURE — Trial — Judge alone — Reasons of trial judge - CRIME — Child sexual offences — Sexual intercourse with child <16 —Indecent assault — Circumstances of aggravation <16 Category: Principal judgment Parties: Regina (Crown) Graeme Lawrence (Accused) Representation: Counsel: C Leggat SC (Crown) P Winch (Accused)

Solicitors: Office of the Director of Public Prosecutions (Crown) John Anthony Solicitors (Accused) File Number(s): 2017/00343861 Publication restriction: Publication of any matter which identifies or is likely to lead to the identification of the complainant in these proceedings is prohibited: s 578A(2) Crimes Act 1900.

Judgment 1. The Crown presented an indictment against the accused on 19 June 2019 comprising 2 counts. Each alleged an offence between 1 April 1991 and 31 December 1991 at Newcastle in New South Wales. However, each was amended on 20 June 2019 so that the date range became 30 January 1991 to 31 December 1991. This became the relevant period in the trial. 2. Count 1 alleged the accused assaulted the complainant and, immediately before the assault, committed an act of indecency on him, namely fondled his genitals, in circumstances of aggravation, namely that at the time of the offence, the complainant was aged under the age of 16 years, being in fact aged 15 years. 3. Count 2 alleged the accused had sexual intercourse with the complainant without his consent, knowing that he was not consenting to the sexual intercourse, in circumstances of aggravation, namely that at the time of the offence, the complainant was a person aged under the age of 16 years, being in fact aged 15 years. 4. The accused pleaded not guilty to each count. The accused elected and the Crown consented to an order for a judge-alone trial. The trial therefore proceeded before me without a jury.