R v Lawrence [2019] NSWDC 363

R v Lawrence [2019] NSWDC 363

The complainant's evidence was accepted as truthful and reliable, was supported by his mother's evidence, complaint evidence, and surrounding circumstances, and was not displaced by the accused's denials or the defence evidence. The court was satisfied beyond reasonable doubt that the accused indecently touched the complainant's genitals, then deliberately touched and held him without consent knowing he did not consent, and penetrated his anus without consent knowing he did not consent, while the complainant was aged 15 and therefore under 16. All elements of both counts were proved beyond reasonable doubt.

Jurisdiction
Australia
Judgment Date
26 July 2019
Procedural Posture
Criminal Prosecution on Indictment / Judge Alone Trial Verdict
Outcome
Accused found guilty on both counts.
Legal Topics
['child Sexual Offences' 'sexual Intercourse Without Consent' 'indecent Assault' 'circumstances of Aggravation Under 16' 'judge Alone Trial' 'proof Beyond Reasonable Doubt' 'evidence of Complaint' 'witness Credibility']
['criminal Law' 'criminal Procedure'] ['child Sexual Offences' 'sexual Intercourse Without Consent' 'indecent Assault' 'circumstances of Aggravation Under 16' 'judge Alone Trial' 'proof Beyond Reasonable Doubt' 'evidence of Complaint' 'witness Credibility']

Case Brief

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Procedural Posture

Criminal Prosecution on Indictment / Judge Alone Trial Verdict

Legal Issues

  1. 1 ['Whether the accused assaulted the complainant and, immediately before the assault, committed an act of indecency on him in circumstances of aggravation because the complainant was under 16 years.' 'Whether the accused had sexual intercourse with the complainant without his consent, knowing that he was not consenting, in circumstances of aggravation because the complainant was under 16 years.' "Whether the complainant's evidence, complaint evidence and surrounding circumstances proved the charged offences beyond reasonable doubt despite the accused's denials and evidence about the cathedral and deanery."]

Ratio Decidendi

The complainant's evidence was accepted as truthful and reliable, was supported by his mother's evidence, complaint evidence, and surrounding circumstances, and was not displaced by the accused's denials or the defence evidence. The court was satisfied beyond reasonable doubt that the accused indecently touched the complainant's genitals, then deliberately touched and held him without consent knowing he did not consent, and penetrated his anus without consent knowing he did not consent, while the complainant was aged 15 and therefore under 16. All elements of both counts were proved beyond reasonable doubt.

Court Disposition

Accused found guilty on both counts.

Orders

  • ['In respect of Count 1: guilty.' 'In respect of Count 2: guilty.']