R v Richard Caine (No 3) [2024] NSWDC 387

R v Richard Caine (No 3) [2024] NSWDC 387

Having reviewed in detail the credibility and reliability of each complainant and supporting witnesses, and taking account of the legal directions and forensic disadvantage to the accused, the judge found the evidence established each element of the 39 counts beyond reasonable doubt, and recorded a verdict for each count that 'on the limited evidence available, the accused committed the offence charged.'

Jurisdiction
Australia
Judgment Date
28 August 2024
Procedural Posture
Criminal / Special Hearing (judge Alone) Following a Finding of Unfitness for Trial
Outcome
For each count (1-39): On the limited evidence available, the accused committed the offence charged.
Legal Topics
['special Hearing' 'unfitness to Be Tried' 'historical Child Sexual Offences' 'tendency Evidence' 'coincidence Evidence']
['criminal Law'] ['special Hearing' 'unfitness to Be Tried' 'historical Child Sexual Offences' 'tendency Evidence' 'coincidence Evidence']

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Procedural Posture

Criminal / Special Hearing (judge Alone) Following a Finding of Unfitness for Trial

Legal Issues

  1. 1 ['Whether on the limited evidence available, the accused committed the offences charged for 39 counts involving historical child sexual offences' 'Whether the evidence of each complainant was reliable and unaffected by contamination or collusion' 'Whether the elements of each count, including lack of consent, were established beyond reasonable doubt']

Ratio Decidendi

Having reviewed in detail the credibility and reliability of each complainant and supporting witnesses, and taking account of the legal directions and forensic disadvantage to the accused, the judge found the evidence established each element of the 39 counts beyond reasonable doubt, and recorded a verdict for each count that 'on the limited evidence available, the accused committed the offence charged.'

Court Disposition

For each count (1-39): On the limited evidence available, the accused committed the offence charged.

Orders

  • ["For counts 1-39, recorded verdicts: 'On the limited evidence available, the accused committed the offence charged.'" 'Suppression order: No publication of names or information identifying the complainants (TD, CJ, TF, GT, NL, SM).']