R v Mendis [2024] NSWDC 420

R v Mendis [2024] NSWDC 420

The Court found that it was a reasonable possibility at the time of each alleged offence that the accused was asleep and suffering from sexsomnia—therefore the acts carried out were not willed or voluntary. The Crown failed to negate beyond reasonable doubt the defence of automatism. No tendency evidence was established to infer the accused acted voluntarily or had a sexual interest in complainants. Verdicts of not guilty were entered for all counts.

Parties
Accused: Aaron Mendis; Crown: Director of Public Prosecutions (NSW)
Jurisdiction
Australia
Judgment Date
13 September 2024
Procedural Posture
Criminal / Judge Alone Trial – Verdict
Outcome
Verdicts of not guilty on all counts
Legal Topics
Sexual Offending, Automatism, Sexsomnia, Judge Alone Trials, Child Complainants
Criminal Law Sexual Offending Automatism Sexsomnia Judge Alone Trials Child Complainants

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Parties

Aaron Mendis

Accused

Director of Public Prosecutions (NSW)

Crown

Procedural Posture

Criminal / Judge Alone Trial – Verdict

Legal Issues

  1. 1 Whether the accused acted voluntarily or in a state of automatism (sexsomnia) during alleged sexual offences
  2. 2 Whether the Crown negatived the defence of automatism beyond reasonable doubt
  3. 3 Whether tendency evidence established requisite state of mind or actions by the accused

Ratio Decidendi

The Court found that it was a reasonable possibility at the time of each alleged offence that the accused was asleep and suffering from sexsomnia—therefore the acts carried out were not willed or voluntary. The Crown failed to negate beyond reasonable doubt the defence of automatism. No tendency evidence was established to infer the accused acted voluntarily or had a sexual interest in complainants. Verdicts of not guilty were entered for all counts.

Court Disposition

Verdicts of not guilty on all counts

Orders

  • Verdicts of not guilty entered in respect of Counts 1 to 15 on the Indictment