R v Roy De La Torre [2014] NSWDC 89

R v Roy De La Torre [2014] NSWDC 89

The only reasonable inference from the established facts, including the presence and movements of the accused, similarity of his appearance to witness descriptions, his prior offending, and the deliberate lie to police regarding his time in Dunningham Reserve, is that Roy De La Torre is guilty of assaulting SM and committing an act of indecency on her whilst she was under 16 years old. No other reasonable explanation for the events is open on the evidence.

Jurisdiction
Australia
Judgment Date
07 July 2014
Procedural Posture
Criminal / Trial Judgment
Outcome
Guilty verdict entered; accused convicted of the offence in the Indictment.
Legal Topics
['circumstantial Evidence' 'tendency Evidence' 'coincidence Evidence' 'indecent Assault' 'burden of Proof']
['criminal Law'] ['circumstantial Evidence' 'tendency Evidence' 'coincidence Evidence' 'indecent Assault' 'burden of Proof']

Case Brief

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Procedural Posture

Criminal / Trial Judgment

Legal Issues

  1. 1 ['Whether the accused assaulted SM and committed an act of indecency while SM was under 16 years of age' 'Whether the circumstantial and tendency evidence establishes guilt beyond reasonable doubt']

Ratio Decidendi

The only reasonable inference from the established facts, including the presence and movements of the accused, similarity of his appearance to witness descriptions, his prior offending, and the deliberate lie to police regarding his time in Dunningham Reserve, is that Roy De La Torre is guilty of assaulting SM and committing an act of indecency on her whilst she was under 16 years old. No other reasonable explanation for the events is open on the evidence.

Court Disposition

Guilty verdict entered; accused convicted of the offence in the Indictment.

Orders

  • ['Accused is convicted of the offence: on 21 April 2013 at Coogee, assaulted SM and at the time of the assault did commit an act of indecency on SM, a person then under 16 years of age, namely 6 years.']