Director of Public Prosecutions (NSW) v SA [2018] NSWLC 27

Director of Public Prosecutions (NSW) v SA [2018] NSWLC 27

The Defendant intentionally, without consent and with knowledge of lack of consent, placed his hand and fingers down the front of the complainant's pyjama pants, on the exterior of her vagina while she was asleep, amounting to aggravated indecent assault contrary to s.61M(2) of the Crimes Act 1900 (NSW). The Defendant's explanation as accidental was rejected, evidence of mental health or medication adverse effects did not negate intent or sexual connotation, and immediate complaint plus corroborative evidence supported credibility and guilt beyond reasonable doubt.

Jurisdiction
Australia
Judgment Date
10 August 2018
Procedural Posture
Criminal / Judgment
Outcome
Defendant found guilty
Legal Topics
['indecent Assault' 'aggravated Indecent Assault' 'consent' 'standard of Proof' 'onus of Proof' 'criminal Trial Directions' 'summary Prosecution' 'defence Case' 'intentional Vs Accidental Conduct']
['criminal Law'] ['indecent Assault' 'aggravated Indecent Assault' 'consent' 'standard of Proof' 'onus of Proof' 'criminal Trial Directions' 'summary Prosecution' 'defence Case' 'intentional Vs Accidental Conduct']

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Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 ['Whether the Defendant intentionally or accidentally committed the indecent assault' 'Whether the assault was indecent' "Whether the assault was without the complainant's consent" 'Whether the Defendant knew the complainant was not consenting']

Ratio Decidendi

The Defendant intentionally, without consent and with knowledge of lack of consent, placed his hand and fingers down the front of the complainant's pyjama pants, on the exterior of her vagina while she was asleep, amounting to aggravated indecent assault contrary to s.61M(2) of the Crimes Act 1900 (NSW). The Defendant's explanation as accidental was rejected, evidence of mental health or medication adverse effects did not negate intent or sexual connotation, and immediate complaint plus corroborative evidence supported credibility and guilt beyond reasonable doubt.

Court Disposition

Defendant found guilty

Orders

  • ['The Defendant is found guilty of aggravated indecent assault, contrary to s.61M(2) of the Crimes Act 1900 (NSW) (Sequence 1)']