R v DLW (No. 4) [2020] NSWDC 284

R v DLW (No. 4) [2020] NSWDC 284

The Court accepted the complainant as generally credible and reliable, found that his reports to his brother and later to his father and step-mother augmented his credibility and provided additional support for the Crown case, found that the relevant social occasion was a barbecue at 101 M Road towards the end of 2009 rather than Dwayne's 21st birthday party in March 2010, found that the accused was present and was the 'Damien' identified by the complainant, and rejected any reasonable possibility that the alibi prevented the Crown from proving presence at the relevant time. Although the Court did not accept that the accused's statements to police were lies evidencing consciousness of...

Jurisdiction
Australia
Judgment Date
09 June 2020
Procedural Posture
Criminal Trial by Judge Alone on Indictment for Child Sex Offences / Verdict and Conviction After Trial
Outcome
Accused found guilty and formally convicted on Counts 1, 2 and 3.
Legal Topics
['trial by Judge Alone' 'sexual Intercourse With a Child Under 10' 'complainant Credibility and Reliability' 'complaint Evidence' 'delay in Complaint' 'admissions and Alleged Lies' 'consciousness of Guilt' 'alibi Evidence' 'good Character']
['criminal Law' 'evidence' 'criminal Procedure'] ['trial by Judge Alone' 'sexual Intercourse With a Child Under 10' 'complainant Credibility and Reliability' 'complaint Evidence' 'delay in Complaint' 'admissions and Alleged Lies' 'consciousness of Guilt' 'alibi Evidence' 'good Character']

Case Brief

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Procedural Posture

Criminal Trial by Judge Alone on Indictment for Child Sex Offences / Verdict and Conviction After Trial

Legal Issues

  1. 1 ['Whether the complainant was a credible and reliable witness as to the alleged sexual intercourse offences.' "Whether complaint evidence to BAW, TW and CW supported the complainant's evidence." 'Whether statements attributed to the accused in Rockhampton were deliberate lies evidencing consciousness of guilt.' "Whether the Crown disproved the accused's alibi and established that the accused was present at 101 M Road, Budgewoi at the relevant time." 'Whether the Crown proved beyond reasonable doubt each count of sexual intercourse with a child under the age of 10 years.']

Ratio Decidendi

The Court accepted the complainant as generally credible and reliable, found that his reports to his brother and later to his father and step-mother augmented his credibility and provided additional support for the Crown case, found that the relevant social occasion was a barbecue at 101 M Road towards the end of 2009 rather than Dwayne's 21st birthday party in March 2010, found that the accused was present and was the 'Damien' identified by the complainant, and rejected any reasonable possibility that the alibi prevented the Crown from proving presence at the relevant time. Although the Court did not accept that the accused's statements to police were lies evidencing consciousness of...

Court Disposition

Accused found guilty and formally convicted on Counts 1, 2 and 3.

Orders

  • ['On Count 1, the accused is found guilty.' 'On Count 2, the accused is found guilty.' 'On Count 3, the accused is found guilty.' 'The accused is formally convicted on Counts 1, 2 and 3 on the indictment.']