R v RAG (No.2) [2024] NSWDC 411

R v RAG (No.2) [2024] NSWDC 411

On the limited evidence available, the Court accepted CG2 as a reliable and truthful witness, found her evidence supported by complaint evidence, surrounding detail, the Accused's statements about kisses and cuddles, and tendency reasoning, and held that counts 12 to 17 were proved beyond reasonable doubt. The Court also accepted CG1 as genuine and honest despite some memory difficulties, rejected the asserted motive to lie, found her account supported by complaint evidence, the Accused's pretext-call admissions of past sexual wrongdoing, and tendency evidence, and held that counts 1, 3, 4, 6 and 8 were proved beyond reasonable doubt. The Court was not satisfied beyond reasonable doubt...

Jurisdiction
Australia
Judgment Date
11 September 2024
Procedural Posture
Criminal Proceedings Concerning Multiple Charges of Indecent and Sexual Assault Offences / Special Hearing Under Division 3 of Part 4 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (nsw) After the Accused Was Found Unfit to Be Tried; Judge Alone Determination
Outcome
On the limited evidence available, the Accused was found guilty on counts 1, 3, 4, 6, 8 and 12-17, and not guilty on counts 10 and 11; the Court indicated it would hear counsel on the next stage concerning any limiting term or other penalty under s 63(2) and (3) of the Mental Health and Cognitive Impairment Forensic...
Legal Topics
['special Hearing After Unfitness to Plead' 'historical Child Sexual Offences' 'aggravated Sexual Intercourse With a Child Under 16 Under Authority' 'aggravated Indecent Assault' 'complaint Evidence' 'tendency Evidence' 'admissions in Pretext Calls' 'forensic Disadvantage From Delay']
['criminal Law' 'evidence' 'mental Health and Cognitive Impairment Forensic Proceedings'] ['special Hearing After Unfitness to Plead' 'historical Child Sexual Offences' 'aggravated Sexual Intercourse With a Child Under 16 Under Authority' 'aggravated Indecent Assault' 'complaint Evidence' 'tendency Evidence' 'admissions in Pretext Calls' 'forensic Disadvantage From Delay']

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Procedural Posture

Criminal Proceedings Concerning Multiple Charges of Indecent and Sexual Assault Offences / Special Hearing Under Division 3 of Part 4 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (nsw) After the Accused Was Found Unfit to Be Tried; Judge Alone Determination

Legal Issues

  1. 1 ['Whether, on the limited evidence available at a special hearing, the Crown proved beyond reasonable doubt that the Accused committed the charged sexual and indecent assault offences against CG1 and CG2.' "Whether the complainants' evidence, complaint evidence, admissions, tendency evidence and other supporting evidence established the charged conduct beyond reasonable doubt." "Whether inconsistencies, delay, asserted motive to lie, forensic disadvantage, good character and the Accused's denials raised a reasonable doubt." 'Whether the charged conduct was properly characterised as sexual intercourse or indecent assault under the relevant provisions of the Crimes Act 1900 (NSW).']

Ratio Decidendi

On the limited evidence available, the Court accepted CG2 as a reliable and truthful witness, found her evidence supported by complaint evidence, surrounding detail, the Accused's statements about kisses and cuddles, and tendency reasoning, and held that counts 12 to 17 were proved beyond reasonable doubt. The Court also accepted CG1 as genuine and honest despite some memory difficulties, rejected the asserted motive to lie, found her account supported by complaint evidence, the Accused's pretext-call admissions of past sexual wrongdoing, and tendency evidence, and held that counts 1, 3, 4, 6 and 8 were proved beyond reasonable doubt. The Court was not satisfied beyond reasonable doubt...

Court Disposition

On the limited evidence available, the Accused was found guilty on counts 1, 3, 4, 6, 8 and 12-17, and not guilty on counts 10 and 11; the Court indicated it would hear counsel on the next stage concerning any limiting term or other penalty under s 63(2) and (3) of the Mental Health and Cognitive Impairment Forensic...

Orders

  • ['Count 1: on the limited evidence available, guilty.' 'Count 3: on the limited evidence available, guilty.' 'Count 4: on the limited evidence available, guilty.' 'Count 6: on the limited evidence available, guilty.' 'Count 8: on the limited evidence available, guilty.' 'Count 10: on the limited evidence available,...