R v YY No. 1 [2016] NSWDC 362

R v YY No. 1 [2016] NSWDC 362

The trial judge found the complainant’s accounts of the alleged offences plausible, consistent, and corroborated in part by independent evidence. The prosecution proved beyond reasonable doubt each of the elements of the offences charged in every count except Count 10. The accused’s denials did not raise a reasonable doubt; the possibility of fabrication or concoction was not supported by the evidence. Delay and the absence of some witnesses were considered but did not create reasonable doubt. Tendency evidence was admitted and appropriately relied upon.

Parties
Accused: YY; Crown: Director of Public Prosecutions
Jurisdiction
Australia
Judgment Date
19 October 2016
Procedural Posture
Criminal Trial / Verdict Delivered After Judge Alone Trial
Outcome
Guilty on all counts except Count 10 (not guilty on Count 10); conviction entered on each count found proved.
Legal Topics
Sexual Offences Against Children, Indecent Assault, Acts of Indecency, Tendency Evidence, Delay in Complaint, Good Character Evidence, Judge Alone Trial
Criminal Law Sexual Offences Against Children Indecent Assault Acts of Indecency Tendency Evidence Delay in Complaint Good Character Evidence Judge Alone Trial

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Parties

YY

Accused

Director of Public Prosecutions

Crown

Procedural Posture

Criminal Trial / Verdict Delivered After Judge Alone Trial

Legal Issues

  1. 1 Whether the accused committed acts of indecency and sexual intercourse against a child under the authority of the accused
  2. 2 Credibility of complainant and other witnesses
  3. 3 Admissibility and use of tendency evidence

Ratio Decidendi

The trial judge found the complainant’s accounts of the alleged offences plausible, consistent, and corroborated in part by independent evidence. The prosecution proved beyond reasonable doubt each of the elements of the offences charged in every count except Count 10. The accused’s denials did not raise a reasonable doubt; the possibility of fabrication or concoction was not supported by the evidence. Delay and the absence of some witnesses were considered but did not create reasonable doubt. Tendency evidence was admitted and appropriately relied upon.

Court Disposition

Guilty on all counts except Count 10 (not guilty on Count 10); conviction entered on each count found proved.

Orders

  • Guilty verdicts entered on Counts 1,2,3,4,5,6,7,8,9,11,12,13 under Crimes Act 1900 (NSW) sections 61M(2), 61O(2), 66C(2).
  • Not guilty verdict entered on Count 10.