Australia, July 22 -- New South Wales Land and Environment Court issued text of the following judgement on June 20:

1. This application is by Timothy William Meredith for a certificate pursuant to the Costs in Criminal Cases Act 1967 in response to the outcome in the first of two trials in the District Court Dubbo conducted back-to-back. After preliminary questions were considered the first trial commenced before judge and jury on 12 June 2024 and concluded on 27 June 2024 when the jury returned with verdicts of guilty upon three counts and not guilty of the remainder. Some of these were verdicts by direction. The second trial before judge alone followed and resulted in verdicts of guilty of nine counts and not guilty of the remaining nine counts.

The Trial

2. The trial before judge and jury upon allegations by two complainants, KN and JM, concluded on 27 June 2024 with verdicts of guilty upon three counts relevant to KN and not guilty of the other 24 counts brought upon further allegations by her and those of JM. All of the offences brought upon the allegations made by JM resulted in verdicts of not guilty either by direction or after consideration by the jury.

3. The offences of which the jury found the offender guilty were:

Count Three.

Between 1 November 2011 and 31 October 2012, at Gulgong in the State of New South Wales, did have sexual intercourse with KN, a person then of or above the age of 14 years and under the age of 16 years, namely 15 years.

S 66C(3) Crimes Act 1900.

Count Four.

Between 1 November 2011 and 31 October 2012, at Gulgong in the State of New South Wales, did have sexual intercourse with KN, a person then of or above the age of 14 years and under the age of 16 years, namely 15 years.

S 66C(3) Crimes Act 1900.

Count 17

Between 1 November 2011 and 31 March 2013, at Kains Flat in the State of New South Wales, did have sexual intercourse with KN without her consent and knowing that she was not consenting to the sexual intercourse.

S 61I Crimes Act 1900.

4. The proceedings for determination of sentence for all offences were adjourned until the conclusion of the second trial. On 4 April 2025, the applicant was sentenced.

Verdicts of Not Guilty

5. The jury were directed that verdicts of 'not guilty' must be returned in the absence of evidence upon which the applicant could have been found guilty of the offences charged in Counts One, Two, Five, Six, Seven, Eight, Nine, Ten, Eleven, Twelve, 13, 14, 15, 16, 18, 19, and 21 (17 counts) upon allegations by KN and Count 24 upon allegations by JM. Verdicts of not guilty were returned accordingly.

6. The jury returned verdicts of not guilty to the following Counts after their consideration:

(1) Count 20: Assault KN thereby occasioning actual bodily harm to her contrary to s 59(1) Crimes Act 1900.

(2) Count 22: Indecent assault upon JM, when under the age of 16 years, namely 15 years contrary to s 61M(2) Crimes Act 1900.

(3) Count 23: Indecent assault upon JM, when under the age of 16 years, namely 15 years, contrary to s 61M(2) Crimes Act 1900.

(4) Count 25: Sexual intercourse with JM without her consent, knowing that she was not consenting to the sexual intercourse, in circumstances of aggravation, that at the time she under the age of 16 years, namely 15 years contrary to s 61J(1) Crimes Act 1900.

(5) Count 26 in the alternative to Count 25: Sexual intercourse with JM, when of or above the age of 14 years and under the age of 16 years, namely 15 years contrary to s 66C(3) Crimes Act 1900.

(6) Count 27: Sexual intercourse with JM without her consent, knowing that she was not consenting to the sexual intercourse contrary to s 61I Crimes Act 1900.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/18e82beafe62e3e8009f7700)

Disclaimer: Curated by HT Syndication.