R v Poudel [2022] NSWDC 472

R v Poudel [2022] NSWDC 472

The evidence of the complainant was untested by cross-examination, and given her established history of cognitive impairment with both vascular dementia and traumatic brain injury, and associated systematised delusions, her recollection of the alleged offences could not be considered reliably accurate. The Court found that there was a reasonable possibility her allegations were fixed delusions or falsely recalled memories. In light of the absence of corroborating objective evidence and the presence of a reasonable hypothesis consistent with innocence, the Crown failed to prove the offences beyond reasonable doubt. Accordingly, verdicts of not guilty were returned on both counts.

Jurisdiction
Australia
Judgment Date
12 October 2022
Procedural Posture
Criminal / Judge Alone Trial, Verdict and Reasons
Outcome
Not guilty verdicts on all counts
Legal Topics
['sexual Offences' 'admissibility of Evidence' 'hearsay Exceptions' 'competence of Witness' 'standard of Proof' 'good Character Evidence' 'unreliable Evidence Directions']
['criminal Law'] ['sexual Offences' 'admissibility of Evidence' 'hearsay Exceptions' 'competence of Witness' 'standard of Proof' 'good Character Evidence' 'unreliable Evidence Directions']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Criminal / Judge Alone Trial, Verdict and Reasons

Legal Issues

  1. 1 ['Whether the accused committed sexual intercourse without consent contrary to s61I of the Crimes Act 1900' 'Whether the accused intentionally sexually touched the complainant without consent contrary to s61KC(a) of the Crimes Act 1900' "Admissibility of the accused's ERISP (police interview)" 'Admissibility of recorded police statement of deceased complainant under s65 Evidence Act 1995' 'Whether complainant was competent to give evidence at relevant time and whether her representations were reliable or fabricated given cognitive impairment and brain injury']

Ratio Decidendi

The evidence of the complainant was untested by cross-examination, and given her established history of cognitive impairment with both vascular dementia and traumatic brain injury, and associated systematised delusions, her recollection of the alleged offences could not be considered reliably accurate. The Court found that there was a reasonable possibility her allegations were fixed delusions or falsely recalled memories. In light of the absence of corroborating objective evidence and the presence of a reasonable hypothesis consistent with innocence, the Crown failed to prove the offences beyond reasonable doubt. Accordingly, verdicts of not guilty were returned on both counts.

Court Disposition

Not guilty verdicts on all counts

Orders

  • ['The accused is found not guilty of Count 1 (sexual intercourse without consent).' 'The accused is found not guilty of Count 2 (sexual touching without consent).']