R v RL (No 1) [2016] NSWDC 162

R v RL (No 1) [2016] NSWDC 162

The accused was found not guilty on counts 1, 3, 5, and 6 due to the operation of the common law presumption of incapacity (not being proved over 14 at the relevant time) and failure by the Crown to adduce sufficient evidence that the accused, being under 14, knew his conduct was seriously wrong (doli incapax); found guilty on count 7 based on the complainant’s credible evidence which the Court accepted beyond reasonable doubt, and convicted by plea on counts 2 and 4.

Parties
Prosecution: The Crown; Accused: RL
Jurisdiction
Australia
Judgment Date
05 August 2016
Procedural Posture
Criminal / Judge Alone Trial (verdict)
Outcome
The accused is found not guilty on counts 1, 3, 5 and 6; found guilty of count 7; convicted by pleas of guilty on counts 2 and 4.
Legal Topics
Historical Sexual Assault, Doli Incapax, Presumption of Incapacity, Carnal Knowledge, Indecent Assault, Judge Alone Trial
Criminal Law Historical Sexual Assault Doli Incapax Presumption of Incapacity Carnal Knowledge Indecent Assault Judge Alone Trial

Case Brief

Summary, issues, holding and outcome

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Parties

The Crown

Prosecution

RL

Accused

Procedural Posture

Criminal / Judge Alone Trial (verdict)

Legal Issues

  1. 1 Whether the accused was of sufficient age to be capable of committing the offences (presumption of incapacity)
  2. 2 Whether Crown proved beyond reasonable doubt that the accused knew conduct was seriously wrong (doli incapax)
  3. 3 Assessment of complainant’s credibility and reliability of evidence

Ratio Decidendi

The accused was found not guilty on counts 1, 3, 5, and 6 due to the operation of the common law presumption of incapacity (not being proved over 14 at the relevant time) and failure by the Crown to adduce sufficient evidence that the accused, being under 14, knew his conduct was seriously wrong (doli incapax); found guilty on count 7 based on the complainant’s credible evidence which the Court accepted beyond reasonable doubt, and convicted by plea on counts 2 and 4.

Court Disposition

The accused is found not guilty on counts 1, 3, 5 and 6; found guilty of count 7; convicted by pleas of guilty on counts 2 and 4.

Orders

  • The accused is acquitted on counts 1, 3, 5 and 6.
  • The accused is convicted on counts 2, 4, and 7.