R v WM (No 2) [2019] NSWDC 861

R v WM (No 2) [2019] NSWDC 861

The Court was not satisfied beyond reasonable doubt that WM committed the offence of sexual intercourse without consent as charged in counts 1 and 2, nor the alternative offence of attempted sexual intercourse without consent. Complaints and contemporaneous evidence provided insufficient support for the prosecution case, and the defence of mental illness was not established on the balance of probabilities.

Jurisdiction
Australia
Judgment Date
09 December 2019
Procedural Posture
Criminal / Special Hearing
Outcome
not guilty
Legal Topics
['sexual Offences' 'mental Illness Defence' 'burden of Proof' 'attempted Offences']
['criminal Law' 'mental Health Law'] ['sexual Offences' 'mental Illness Defence' 'burden of Proof' 'attempted Offences']

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Procedural Posture

Criminal / Special Hearing

Legal Issues

  1. 1 ['whether WM engaged in oral sexual intercourse with the complainant without consent' 'whether WM engaged in penile-vaginal sexual intercourse with the complainant without consent' 'whether WM attempted to have sexual intercourse without consent' 'whether WM had knowledge of the lack of consent' 'whether WM was not guilty by reason of mental illness']

Ratio Decidendi

The Court was not satisfied beyond reasonable doubt that WM committed the offence of sexual intercourse without consent as charged in counts 1 and 2, nor the alternative offence of attempted sexual intercourse without consent. Complaints and contemporaneous evidence provided insufficient support for the prosecution case, and the defence of mental illness was not established on the balance of probabilities.

Court Disposition

not guilty

Orders

  • ['WM is found not guilty of counts 1 and 2 on the indictment.' 'WM is found not guilty in respect of the alternative offence of attempted sexual intercourse without consent.']