R v Leroy [2020] NSWDC 239

R v Leroy [2020] NSWDC 239

The Crown failed to exclude as a reasonable possibility that the accused entered John McGregor’s house as part of a lawful plan to carry out a sexual fantasy, not with the intention to intimidate; therefore, the accused’s entry was not with criminal intent and he must be acquitted.

Parties
Prosecution: Regina (Crown); Accused: Terrance Leroy
Jurisdiction
Australia
Judgment Date
15 May 2020
Procedural Posture
Criminal / Trial Judgment
Outcome
Accused found not guilty.
Legal Topics
Intimidation, Role Playing, Sexual Fantasy, Weapons Offenses, Onus of Proof, Circumstantial Evidence
Criminal Law Intimidation Role Playing Sexual Fantasy Weapons Offenses Onus of Proof Circumstantial Evidence

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Parties

Regina (Crown)

Prosecution

Terrance Leroy

Accused

Procedural Posture

Criminal / Trial Judgment

Legal Issues

  1. 1 Whether the accused was one of the men who entered John McGregor's house with a machete
  2. 2 Whether the accused, upon entry to the home, intended to intimidate John McGregor

Ratio Decidendi

The Crown failed to exclude as a reasonable possibility that the accused entered John McGregor’s house as part of a lawful plan to carry out a sexual fantasy, not with the intention to intimidate; therefore, the accused’s entry was not with criminal intent and he must be acquitted.

Court Disposition

Accused found not guilty.