R v Roussos (a pseudonym) (No 1) [2024] NSWDC 498

R v Roussos (a pseudonym) (No 1) [2024] NSWDC 498

The Court was not satisfied beyond reasonable doubt as to the credibility and reliability of the complainant's evidence regarding intimidation and common assault, found duplicity in the intimidation charge, preferred independent evidence over complainant's account, and concluded the accused's conduct did not constitute intimidation or common assault. The accused was entitled to the benefit of doubt and was found Not Guilty on both charges.

Parties
Crown: Rex; Accused: Demis Roussos
Jurisdiction
Australia
Judgment Date
25 September 2024
Procedural Posture
Criminal / Judge Alone Trial, Verdict
Outcome
Not Guilty
Legal Topics
Intimidation, Common Assault, Duplicity of Charges, Domestic and Personal Violence, Judge Alone Trial, Credibility of Complainant
Criminal Law Intimidation Common Assault Duplicity of Charges Domestic and Personal Violence Judge Alone Trial Credibility of Complainant

Case Brief

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Parties

Rex

Crown

Demis Roussos

Accused

Procedural Posture

Criminal / Judge Alone Trial, Verdict

Legal Issues

  1. 1 Whether the accused committed intimidation against the complainant under section 13(1) Crimes (Domestic and Personal Violence) Act 2007
  2. 2 Whether the accused committed common assault against the complainant under section 61 Crimes Act 1900
  3. 3 Whether the complainant's evidence was reliable and credible beyond reasonable doubt

Ratio Decidendi

The Court was not satisfied beyond reasonable doubt as to the credibility and reliability of the complainant's evidence regarding intimidation and common assault, found duplicity in the intimidation charge, preferred independent evidence over complainant's account, and concluded the accused's conduct did not constitute intimidation or common assault. The accused was entitled to the benefit of doubt and was found Not Guilty on both charges.

Court Disposition

Not Guilty

Orders

  • The accused is acquitted of intimidation and common assault.