R v Jesse Robert Thurlow [2020] NSWDC 850

R v Jesse Robert Thurlow [2020] NSWDC 850

The Crown did not prove beyond reasonable doubt that the complainant did not consent or that the accused knew or was reckless as to the lack of consent. The accused was found not guilty on Counts 1 and 2 (sexual assault in company). On Count 4, overwhelming evidence from telephone intercepts and meetings with witnesses proved the accused requested and encouraged Kate Thurlow to provide false information to police, knowing it was false, with intention to pervert the course of justice. Hence, guilty verdict on Count 4.

Parties
Prosecution: Regina (ODPP); Accused: Jesse Robert Thurlow
Jurisdiction
Australia
Judgment Date
18 September 2020
Procedural Posture
Criminal / Judge Alone Trial Verdict
Outcome
Count 1 – Not Guilty; Count 2 – Not Guilty; Count 4 – Guilty
Legal Topics
Sexual Assault, Perverting the Course of Justice, Consent, Credibility, Judge Alone Trial
Criminal Law Sexual Assault Perverting the Course of Justice Consent Credibility Judge Alone Trial

Case Brief

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Parties

Regina (ODPP)

Prosecution

Jesse Robert Thurlow

Accused

Procedural Posture

Criminal / Judge Alone Trial Verdict

Legal Issues

  1. 1 Whether the accused engaged in non-consensual sexual intercourse with the complainant in company
  2. 2 Whether the accused procured false statements with intent to pervert the course of justice
  3. 3 Whether complainant consented or accused reasonably believed consent existed

Ratio Decidendi

The Crown did not prove beyond reasonable doubt that the complainant did not consent or that the accused knew or was reckless as to the lack of consent. The accused was found not guilty on Counts 1 and 2 (sexual assault in company). On Count 4, overwhelming evidence from telephone intercepts and meetings with witnesses proved the accused requested and encouraged Kate Thurlow to provide false information to police, knowing it was false, with intention to pervert the course of justice. Hence, guilty verdict on Count 4.

Court Disposition

Count 1 – Not Guilty; Count 2 – Not Guilty; Count 4 – Guilty