R v Antin (a pseudonym) [2021] NSWDC 532

R v Antin (a pseudonym) [2021] NSWDC 532

The court accepted beyond reasonable doubt the accounts of Complainants B and C in relation to Counts 5, 6, 8 and 9 after considering delay, alleged inconsistencies, alleged concoction, the accused's good character and the disadvantages caused by his unfitness. However, Count 7 was not proved because, although attempted penetration was a possible explanation, the evidence of a light brush against Complainant C's anus and the absence of evidence that the penis was erect left a reasonable possibility that Mr Antin intended only to rub his penis against her naked behind. The specific tendencies alleged were not established, but the accepted allegations showed a relevant state of mind...

Jurisdiction
Australia
Judgment Date
05 October 2021
Procedural Posture
Criminal Special Hearing / Special Hearing After the Accused Was Found Unfit to Be Tried, to Determine on the Limited Evidence Available Whether the Accused Committed the Charged Offences
Outcome
On the limited evidence available, the defendant committed the offences charged in Counts 5, 6, 8 and 9. The defendant was found not guilty on Count 7. Counts 1, 2, 3 and 4 were not further proceeded with.
Legal Topics
['child Sexual Offences' 'person Unfit to Be Tried' 'special Hearing' 'complaint Evidence' 'delay in Complaint' 'tendency Evidence' 'good Character' 'attempted Sexual Intercourse']
['criminal Law' 'mental Health and Cognitive Impairment Forensic Provisions' 'evidence'] ['child Sexual Offences' 'person Unfit to Be Tried' 'special Hearing' 'complaint Evidence' 'delay in Complaint' 'tendency Evidence' 'good Character' 'attempted Sexual Intercourse']

Case Brief

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Procedural Posture

Criminal Special Hearing / Special Hearing After the Accused Was Found Unfit to Be Tried, to Determine on the Limited Evidence Available Whether the Accused Committed the Charged Offences

Legal Issues

  1. 1 ['Whether, on the limited evidence available, the prosecution proved beyond reasonable doubt that Mr Antin committed Counts 5, 6, 8 and 9.' 'Whether Count 7, attempted sexual intercourse with Complainant C, was proved beyond reasonable doubt, including the required intention to insert his penis into her anus.' "Whether inconsistencies, delay, alleged concoction or fabrication, and the accused's good character raised a reasonable doubt." 'Whether evidence of the complainants was cross-admissible as tendency or state of mind evidence.']

Ratio Decidendi

The court accepted beyond reasonable doubt the accounts of Complainants B and C in relation to Counts 5, 6, 8 and 9 after considering delay, alleged inconsistencies, alleged concoction, the accused's good character and the disadvantages caused by his unfitness. However, Count 7 was not proved because, although attempted penetration was a possible explanation, the evidence of a light brush against Complainant C's anus and the absence of evidence that the penis was erect left a reasonable possibility that Mr Antin intended only to rub his penis against her naked behind. The specific tendencies alleged were not established, but the accepted allegations showed a relevant state of mind...

Court Disposition

On the limited evidence available, the defendant committed the offences charged in Counts 5, 6, 8 and 9. The defendant was found not guilty on Count 7. Counts 1, 2, 3 and 4 were not further proceeded with.

Orders

  • ['Matters stood over to Wollongong District Court on 27 October 2021 to determine penalty.' 'Bail refused.']