R v CEM [2020] NSWDC 537

R v CEM [2020] NSWDC 537

The Crown failed to prove beyond reasonable doubt any alleged unlawful sexual act or alternative count. Although the complainant was considered honest in many respects, the evidence as a whole was not sufficiently reliable: four counts had no evidence, several counts involved serious uncertainty or inconsistency about penetration, touching, dates and circumstances, parts of the evidence appeared reconstructed, complaint evidence added little detail, tendency evidence was not made out, the frequency of sleepovers and the accused's presence at 1 Canada Street were not established as alleged, and there was scant evidence of any maintained relationship. Those matters left reasonable doubt on...

Jurisdiction
Australia
Judgment Date
16 September 2020
Procedural Posture
Criminal Child Sex Offences Trial / Judge Alone Verdict After Trial
Outcome
Accused found not guilty on all counts.
Legal Topics
['child Sex Offences' 'persistent Sexual Abuse of a Child' 'sexual Intercourse With Child Above 10 and Under 14' 'aggravated Sexual Assault' 'aggravated Indecent Assault' 'acts of Indecency' 'complaint Evidence' 'tendency Evidence' 'reasonable Doubt']
['criminal Law' 'evidence' 'sexual Offences'] ['child Sex Offences' 'persistent Sexual Abuse of a Child' 'sexual Intercourse With Child Above 10 and Under 14' 'aggravated Sexual Assault' 'aggravated Indecent Assault' 'acts of Indecency' 'complaint Evidence' 'tendency Evidence' 'reasonable Doubt']

Case Brief

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Procedural Posture

Criminal Child Sex Offences Trial / Judge Alone Verdict After Trial

Legal Issues

  1. 1 ['Whether the Crown proved beyond reasonable doubt that the accused maintained an unlawful sexual relationship with the complainant contrary to s66EA of the Crimes Act 1900 (NSW).' 'Whether the alleged alternative counts or instances of unlawful sexual acts were proved beyond reasonable doubt.' "Whether the complainant's evidence was sufficiently reliable despite the judge's view that she was largely honest." 'Whether complaint evidence and tendency evidence supported the Crown case.' "Whether the accused's availability at 1 Canada Street and the frequency of the complainant's sleepovers raised reasonable doubt."]

Ratio Decidendi

The Crown failed to prove beyond reasonable doubt any alleged unlawful sexual act or alternative count. Although the complainant was considered honest in many respects, the evidence as a whole was not sufficiently reliable: four counts had no evidence, several counts involved serious uncertainty or inconsistency about penetration, touching, dates and circumstances, parts of the evidence appeared reconstructed, complaint evidence added little detail, tendency evidence was not made out, the frequency of sleepovers and the accused's presence at 1 Canada Street were not established as alleged, and there was scant evidence of any maintained relationship. Those matters left reasonable doubt on...

Court Disposition

Accused found not guilty on all counts.

Orders

  • ['Count 1 Not guilty' 'Count 2 Not guilty' 'Count 3 Not guilty' 'Count 4 Not guilty' 'Count 5 Not guilty' 'Count 6 Not guilty' 'Count 7 Not guilty' 'Count 8 Not guilty' 'Count 9 Not guilty' 'Count 10 Not guilty' 'Count 11 Not guilty' 'The exhibits may be returned.']