R v Green [2024] NSWDC 638

R v Green [2024] NSWDC 638

The prosecution case relied substantially on the credibility and reliability of the complainant’s evidence. There were significant deficiencies, inconsistencies, and reliability concerns in her accounts. Corroborative evidence was limited, and the unexplained absence of relevant witnesses, as well as the making of a contrary statutory declaration by the complainant, further undermined the case. Applying the criminal standard of proof, the evidence did not satisfy the court beyond reasonable doubt. Accordingly, the accused was acquitted of all charges.

Parties
Prosecutor: The Crown; Accused: Wayne Green
Jurisdiction
Australia
Judgment Date
18 October 2024
Procedural Posture
Criminal / Judge Alone Trial; Verdict
Outcome
Accused found not guilty on all counts
Legal Topics
Assault Occasioning Actual Bodily Harm, Intentional Strangulation, Domestic Violence, Standard of Proof, Assessment of Credibility
Criminal Law Assault Occasioning Actual Bodily Harm Intentional Strangulation Domestic Violence Standard of Proof Assessment of Credibility

Case Brief

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Parties

The Crown

Prosecutor

Wayne Green

Accused

Procedural Posture

Criminal / Judge Alone Trial; Verdict

Legal Issues

  1. 1 Whether the accused assaulted the complainant on 14 March 2023, occasioning actual bodily harm (Count 1)
  2. 2 Whether the accused intentionally strangled the complainant on 14 March 2023 without consent (Count 2)
  3. 3 Whether the accused assaulted the complainant on 5 July 2023 (Count 3)

Ratio Decidendi

The prosecution case relied substantially on the credibility and reliability of the complainant’s evidence. There were significant deficiencies, inconsistencies, and reliability concerns in her accounts. Corroborative evidence was limited, and the unexplained absence of relevant witnesses, as well as the making of a contrary statutory declaration by the complainant, further undermined the case. Applying the criminal standard of proof, the evidence did not satisfy the court beyond reasonable doubt. Accordingly, the accused was acquitted of all charges.

Court Disposition

Accused found not guilty on all counts

Orders

  • Verdict of not guilty entered for Count 1
  • Verdict of not guilty entered for Count 2