R v GM [2024] NSWDC 134

R v GM [2024] NSWDC 134

The Court found that, while it was highly suspicious of the accused and considered that he probably committed the offences, the Crown had not proved guilt beyond reasonable doubt in respect of any count. Significant discrepancies, unreliability in complainants’ evidence regarding timelines, details, and physical aspects, together with inadequacies in supporting evidence, meant the burden of proof was not met for any count. Accordingly, verdicts of not guilty were entered for Counts 1–45.

Parties
Prosecution: Rex; Accused: GM
Jurisdiction
Australia
Judgment Date
26 April 2024
Procedural Posture
Criminal / Judgment
Outcome
Accused found not guilty on all counts; verdicts of not guilty entered for Counts 1–45.
Legal Topics
Child Sex Offences, Indecent Assault, Sexual Intercourse With Child, Aggravated Sexual Assault, Procedure—judge Alone Trial, Tendency Evidence, Delay in Complaint, Reliability and Credibility of Witnesses, Burden of Proof
Criminal Law Child Sex Offences Indecent Assault Sexual Intercourse With Child Aggravated Sexual Assault Procedure—judge Alone Trial Tendency Evidence Delay in Complaint +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Rex

Prosecution

GM

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused committed acts constituting child sex offences as charged in Counts 1–45
  2. 2 Whether the evidence of the complainants was accurate and reliable
  3. 3 Whether tendency evidence established the accused's alleged state of mind or conduct

Ratio Decidendi

The Court found that, while it was highly suspicious of the accused and considered that he probably committed the offences, the Crown had not proved guilt beyond reasonable doubt in respect of any count. Significant discrepancies, unreliability in complainants’ evidence regarding timelines, details, and physical aspects, together with inadequacies in supporting evidence, meant the burden of proof was not met for any count. Accordingly, verdicts of not guilty were entered for Counts 1–45.

Court Disposition

Accused found not guilty on all counts; verdicts of not guilty entered for Counts 1–45.

Orders

  • Verdicts of not guilty are entered to Counts 1 to 45.
  • The accused is to be released immediately.