R v Mercuri De Figueiredo [2021] NSWDC 424

R v Mercuri De Figueiredo [2021] NSWDC 424

The accused intentionally placed MDMA in the complainant's drink with intent to enable himself to commit an indictable offence, namely assault, thereby lowering her resistance and facilitating sexual acts, and subsequent acts of sexual touching and attempted intercourse occurred without her consent. The complainant's evidence was corroborated by contemporaneous complaints, messaging, and accused's admissions. The accused's version was rejected as implausible and unsupported. All offence elements were established beyond reasonable doubt.

Parties
Prosecution: Director of Public Prosecutions; Accused: Romolo Giuseppe Mercuri De Figueiredo
Jurisdiction
Australia
Judgment Date
20 August 2021
Procedural Posture
Judge Alone Criminal Trial / Final Judgment/verdict
Outcome
Verdict of Guilty to Counts 1, 2 and 3.
Legal Topics
Use of Intoxicating Substance to Commit Indictable Offence, Sexual Touching Without Consent, Attempted Sexual Intercourse Without Consent
Criminal Law Use of Intoxicating Substance to Commit Indictable Offence Sexual Touching Without Consent Attempted Sexual Intercourse Without Consent

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Parties

Director of Public Prosecutions

Prosecution

Romolo Giuseppe Mercuri De Figueiredo

Accused

Procedural Posture

Judge Alone Criminal Trial / Final Judgment/verdict

Legal Issues

  1. 1 Whether the accused administered MDMA to the complainant with intent to commit an indictable offence
  2. 2 Whether the accused sexually touched the complainant without consent
  3. 3 Whether the accused attempted to have sexual intercourse with the complainant without her consent and knowing she did not consent

Ratio Decidendi

The accused intentionally placed MDMA in the complainant's drink with intent to enable himself to commit an indictable offence, namely assault, thereby lowering her resistance and facilitating sexual acts, and subsequent acts of sexual touching and attempted intercourse occurred without her consent. The complainant's evidence was corroborated by contemporaneous complaints, messaging, and accused's admissions. The accused's version was rejected as implausible and unsupported. All offence elements were established beyond reasonable doubt.

Court Disposition

Verdict of Guilty to Counts 1, 2 and 3.

Orders

  • Verdict of Guilty – s 38(a) Crimes Act 1900: Administering intoxicating substance to enable commission of indictable offence.
  • Verdict of Guilty – s 61KC(a) Crimes Act 1900: Sexual touching without consent.