R v DS [2017] NSWDC 207

R v DS [2017] NSWDC 207

The accused was found guilty on 23 counts of sexual intercourse (or attempted sexual intercourse) without consent, and one count of recklessly causing grievous bodily harm, on the basis that the Crown proved beyond reasonable doubt that on each occasion, the accused either knew the complainant was not consenting or was reckless as to consent, that the complainant's acquiescence was due to threats or fear negating consent, and that the accused's conduct in causing grievous bodily harm was reckless as to actual bodily harm. The accused was found not guilty on one count (Count 5), as the evidence was not sufficient to reach the required standard of proof on that count.

Jurisdiction
Australia
Judgment Date
04 August 2017
Procedural Posture
Criminal / Judge Alone Trial, Verdict
Outcome
Accused found guilty on Counts 1-4, 6-24; not guilty on Count 5.
Legal Topics
['trial by Judge Alone' 'directions' 'unrepresented Accused' 'prescribed Sexual Offences' 'witness Intermediary' 'support Person' 'context and Relationship Evidence' 'sexual Intercourse Without Consent' 'attempted Sexual Intercourse Without Consent' 'consent' 'cause Grievous Bodily Harm' 'evidence and Witnesses' 'standard of Proof' 'onus of Proof' 'presumption of Innocence' 'domestic Violence']
['criminal Law'] ['trial by Judge Alone' 'directions' 'unrepresented Accused' 'prescribed Sexual Offences' 'witness Intermediary' 'support Person' 'context and Relationship Evidence' 'sexual Intercourse Without Consent' 'attempted Sexual Intercourse Without Consent' 'consent' 'cause Grievous Bodily Harm' 'evidence and Witnesses' 'standard of Proof' 'onus of Proof' 'presumption of Innocence' 'domestic Violence']

Case Brief

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Procedural Posture

Criminal / Judge Alone Trial, Verdict

Legal Issues

  1. 1 ['Whether the accused had sexual intercourse with the complainant without consent and with knowledge of non-consent' 'Whether the accused attempted to have sexual intercourse with the complainant without consent and with knowledge of non-consent' 'Whether the accused recklessly caused grievous bodily harm to the complainant']

Ratio Decidendi

The accused was found guilty on 23 counts of sexual intercourse (or attempted sexual intercourse) without consent, and one count of recklessly causing grievous bodily harm, on the basis that the Crown proved beyond reasonable doubt that on each occasion, the accused either knew the complainant was not consenting or was reckless as to consent, that the complainant's acquiescence was due to threats or fear negating consent, and that the accused's conduct in causing grievous bodily harm was reckless as to actual bodily harm. The accused was found not guilty on one count (Count 5), as the evidence was not sufficient to reach the required standard of proof on that count.

Court Disposition

Accused found guilty on Counts 1-4, 6-24; not guilty on Count 5.

Orders

  • ['Accused found guilty of: Count 1; Count 2; Count 3; Count 4; Count 6; Count 7; Count 8; Count 9; Count 10; Count 11; Count 12; Count 13; Count 14; Count 15; Count 16; Count 17; Count 18; Count 19; Count 20; Count 21; Count 22; Count 23; Count 24.' 'Accused found not guilty on Count 5.']