R v Clarke [2020] NSWDC 881

R v Clarke [2020] NSWDC 881

The Court was satisfied beyond reasonable doubt, on the evidence of the complainants TO and SO, corroborated by opportunity, tendency evidence, and evidence of complaint, that the accused sexually assaulted both children in the manner alleged in counts 1, 2, and 3. Inconsistencies in family member evidence and lack of sophistication did not raise a reasonable doubt. Tendency evidence from each complainant proved the accused had a sexual interest in young girls under 10 and was willing to act on that interest. The Crown proved each element of the offences charged. The accused’s denials and suggested lack of memory did not raise reasonable doubt. The absence of the witness Wendy did not...

Parties
Prosecutor: Regina (Crown); Accused: Darrell Charles Clarke
Jurisdiction
Australia
Judgment Date
14 May 2020
Procedural Posture
Criminal / Trial (judge Alone); Verdict and Reasons for Decision
Outcome
Guilty verdicts for counts 1, 2, and 3; conviction entered for those counts.
Legal Topics
Child Sexual Offences, Sexual Intercourse With Child Under 10, Sexual Intercourse With Child Under 16, Indecent Assault, Judge Alone Trial Procedure, Tendency Evidence, Evidence of Complaint
Criminal Law Child Sexual Offences Sexual Intercourse With Child Under 10 Sexual Intercourse With Child Under 16 Indecent Assault Judge Alone Trial Procedure Tendency Evidence Evidence of Complaint

Case Brief

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Parties

Regina (Crown)

Prosecutor

Darrell Charles Clarke

Accused

Procedural Posture

Criminal / Trial (judge Alone); Verdict and Reasons for Decision

Legal Issues

  1. 1 Whether the accused sexually assaulted TO and SO as alleged
  2. 2 Whether the Crown proved each essential element of the offences beyond reasonable doubt
  3. 3 Use and effect of tendency evidence

Ratio Decidendi

The Court was satisfied beyond reasonable doubt, on the evidence of the complainants TO and SO, corroborated by opportunity, tendency evidence, and evidence of complaint, that the accused sexually assaulted both children in the manner alleged in counts 1, 2, and 3. Inconsistencies in family member evidence and lack of sophistication did not raise a reasonable doubt. Tendency evidence from each complainant proved the accused had a sexual interest in young girls under 10 and was willing to act on that interest. The Crown proved each element of the offences charged. The accused’s denials and suggested lack of memory did not raise reasonable doubt. The absence of the witness Wendy did not...

Court Disposition

Guilty verdicts for counts 1, 2, and 3; conviction entered for those counts.

Orders

  • The accused is found guilty of count 1: sexual intercourse with TO, a child under 10.
  • The accused is found guilty of count 2: indecent assault of TO, a child under 16.