R v Williams [2023] NSWDC 490

R v Williams [2023] NSWDC 490

After directed acquittals and analyzing the reliability, coherence, and consistency of the complainants’ evidence in light of tendency and context evidence, while carefully scrutinizing forensic disadvantage, absence of motive to lie, and consciousness of guilt especially through lies told by the accused, the Court found proof beyond reasonable doubt for counts 12-16 (offences against RR) but not for other counts.

Parties
Crown: Rex; Accused: Karl Williams
Jurisdiction
Australia
Judgment Date
27 October 2023
Procedural Posture
Criminal / Trial Judgment After Judge Alone Hearing
Outcome
Guilty on counts 12-16; not guilty on all other counts; accused convicted on counts 12-16 (inclusive).
Legal Topics
Historical Child Sexual Offences, Tendency Evidence, Trial by Judge Alone, Indecent Assault, Buggery, Evidence, Forensic Disadvantage, Presumption of Innocence, Burden of Proof, Consciousness of Guilt
Criminal Law Historical Child Sexual Offences Tendency Evidence Trial by Judge Alone Indecent Assault Buggery Evidence Forensic Disadvantage +3 more

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Parties

Rex

Crown

Karl Williams

Accused

Procedural Posture

Criminal / Trial Judgment After Judge Alone Hearing

Legal Issues

  1. 1 Whether the accused committed acts of indecency and buggery as charged
  2. 2 Admissibility and probative value of tendency evidence
  3. 3 Reliability and credibility of complainant evidence

Ratio Decidendi

After directed acquittals and analyzing the reliability, coherence, and consistency of the complainants’ evidence in light of tendency and context evidence, while carefully scrutinizing forensic disadvantage, absence of motive to lie, and consciousness of guilt especially through lies told by the accused, the Court found proof beyond reasonable doubt for counts 12-16 (offences against RR) but not for other counts.

Court Disposition

Guilty on counts 12-16; not guilty on all other counts; accused convicted on counts 12-16 (inclusive).

Orders

  • Directed acquittals on counts 1, 7, 8 made during trial.
  • Verdict of not guilty entered for counts 2-6, 9-11.