R v Shanmugam [2020] NSWDC 482

R v Shanmugam [2020] NSWDC 482

On the basis of evidence accepted beyond reasonable doubt, including the complainant's clear and consistent account and the accused's unconvincing and contrived evidence and text messages, the accused committed each act alleged without the complainant's consent and with knowledge she was not consenting. The elements of each offence were proved beyond reasonable doubt.

Jurisdiction
Australia
Judgment Date
27 August 2020
Procedural Posture
Criminal / Trial – Verdict
Outcome
Guilty verdict on all counts
Legal Topics
['sexual Offences' 'consent' 'judge Alone Trial' 'credibility of Witnesses']
['criminal Law'] ['sexual Offences' 'consent' 'judge Alone Trial' 'credibility of Witnesses']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Trial – Verdict

Legal Issues

  1. 1 ['Whether the accused committed acts of sexual touching and sexual intercourse without consent' 'Whether the complainant consented to the alleged acts' 'Whether the accused knew the complainant was not consenting' 'Assessment of truthfulness and reliability of witnesses']

Ratio Decidendi

On the basis of evidence accepted beyond reasonable doubt, including the complainant's clear and consistent account and the accused's unconvincing and contrived evidence and text messages, the accused committed each act alleged without the complainant's consent and with knowledge she was not consenting. The elements of each offence were proved beyond reasonable doubt.

Court Disposition

Guilty verdict on all counts

Orders

  • ['Mithun Kumar Shanmugam found guilty of: Count 1 Sexual Touching – s.61KC(a) Crimes Act 1900' 'Count 2 Attempted sexual assault – s.61I/s.344A(1) Crimes Act 1900' 'Count 3 Sexual Touching – s.61KC(a) Crimes Act 1900' 'Count 4 Sexual assault – s.61I Crimes Act 1900' 'Count 5 Sexual assault – s.61I Crimes Act 1900']