R v JH [2016] NSWDC 351

R v JH [2016] NSWDC 351

The Court accepted the complainant as an impressive and careful witness, found no reasonable possibility that she was mistaken about the open-mouth kisses to her neck and shoulders or the accused pressing his erect penis against her, and held that her prompt complaints, distress, the tight embrace, deep breathing and make-up on the accused's shirt supported her account. The Crown proved beyond reasonable doubt that the accused deliberately touched the complainant in the alleged way, that she did not consent, that the touching was indecent, and that the accused knew she was not consenting.

Jurisdiction
Australia
Judgment Date
13 December 2016
Procedural Posture
Criminal Proceeding for Indecent Assault / Judge Alone Trial Verdict
Outcome
The accused was found guilty of the single count on the indictment.
Legal Topics
['indecent Assault' 'judge Alone Trial' 'burden and Standard of Proof' 'consent' 'credibility and Reliability of Complainant Evidence' "accused's Silence"]
['criminal Law'] ['indecent Assault' 'judge Alone Trial' 'burden and Standard of Proof' 'consent' 'credibility and Reliability of Complainant Evidence' "accused's Silence"]

Case Brief

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Procedural Posture

Criminal Proceeding for Indecent Assault / Judge Alone Trial Verdict

Legal Issues

  1. 1 ['Whether the Crown proved beyond reasonable doubt that the accused deliberately touched the complainant by kissing her with an open mouth on her neck and shoulders while pressing his erect penis against her.' 'Whether the complainant did not consent to that touching.' 'Whether the touching was indecent according to ordinary community standards.' 'Whether the accused knew that the complainant was not consenting to being touched in that way.']

Ratio Decidendi

The Court accepted the complainant as an impressive and careful witness, found no reasonable possibility that she was mistaken about the open-mouth kisses to her neck and shoulders or the accused pressing his erect penis against her, and held that her prompt complaints, distress, the tight embrace, deep breathing and make-up on the accused's shirt supported her account. The Crown proved beyond reasonable doubt that the accused deliberately touched the complainant in the alleged way, that she did not consent, that the touching was indecent, and that the accused knew she was not consenting.

Court Disposition

The accused was found guilty of the single count on the indictment.

Orders

  • ['The accused is found guilty of the charge on the indictment.' 'There is to be no publication of the name of the complainant or of any material which may tend to identify the complainant.']