R v Bennett [2014] NSWDC 61

R v Bennett [2014] NSWDC 61

The Crown bore the burden of proving beyond reasonable doubt that the accused forced the complainant to perform oral sex. Although several circumstances supported the complainant's account, including her established fear of disease, prompt complaints, distress, and call to the NSW Rape Crisis Centre, the judge was left with a reasonable doubt after considering inconsistent aspects of her conduct, particularly her spending the day with the accused, buying items for him, messages to the accused and her estranged husband, and the significance of her dramatic change in behaviour after the accused's later confession of infidelity. That reasonable doubt required an acquittal.

Jurisdiction
Australia
Judgment Date
03 June 2014
Procedural Posture
Criminal Prosecution for Sexual Intercourse Without Consent / Judge Alone Trial; Verdict and Reasons
Outcome
The accused is found not guilty.
Legal Topics
['sexual Intercourse Without Consent' 'consent' 'complaint Evidence' 'credibility' 'reasonable Doubt' 'single Witness Evidence' 'judge Alone Trial']
['criminal Law' 'evidence' 'sexual Offences'] ['sexual Intercourse Without Consent' 'consent' 'complaint Evidence' 'credibility' 'reasonable Doubt' 'single Witness Evidence' 'judge Alone Trial']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Criminal Prosecution for Sexual Intercourse Without Consent / Judge Alone Trial; Verdict and Reasons

Legal Issues

  1. 1 ["Whether the Crown proved beyond reasonable doubt that the accused grabbed the complainant's pony tail and forced her head down so that his penis went into her mouth." 'Whether it was reasonably possible that the intercourse took place as the accused described it, consensually.' "Whether the complainant's conduct, complaints, text messages, distress, fear of disease, and later communications supported or undermined the reliability of her allegation."]

Ratio Decidendi

The Crown bore the burden of proving beyond reasonable doubt that the accused forced the complainant to perform oral sex. Although several circumstances supported the complainant's account, including her established fear of disease, prompt complaints, distress, and call to the NSW Rape Crisis Centre, the judge was left with a reasonable doubt after considering inconsistent aspects of her conduct, particularly her spending the day with the accused, buying items for him, messages to the accused and her estranged husband, and the significance of her dramatic change in behaviour after the accused's later confession of infidelity. That reasonable doubt required an acquittal.

Court Disposition

The accused is found not guilty.

Orders

  • ['The accused is found not guilty.' 'There is to be no publication of the name of the complainant or of any material which may tend to identify the complainant.']