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Rape Trial Heard In The District Trial Of Mr Bowden

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Introduction [- Questions 1, 2, 3, 4.]
The group observed a rape trial heard in the Criminal Jurisdiction of the District Court of SA prosecuted by the State Director of Public Prosecutions against Mr Bowden, the defendant, before His Honour, Judge McEwen, in courtroom 5. The part of the trial which was observed was the voire dire, closing statements of both counsel and the judge summarising the facts and addressing the jury as to the relevant legal principles and their duties.
5. Legal and factual issues
In 2015, the complainant, a 17-year-old female, visited Bowden’s house for the first time as she was a close friends with his partner. Both the complainant and the accused went into the garage to smoke cigarettes and cannabis, where Bowden …show more content…

It is his responsibility to determine the admissible facts and the applicable law. Further, it is the Judge's duty to remain impartial despite public perception and media reports. In the Judge's summing up, an ethical point raised was that the accused should be presumed innocent until the prosecution had proved beyond a reasonable doubt that the accused was guilty. The Judge stressed that the burden of proof lay with the prosecution and that the Defendant did not have to prove anything. In addition, his Honour pointed out that the jury could not find the defendant guilty of rape solely on the basis that he had used cannabis and the inconsistencies within his statement after the initial police questioning. However, it was to be seen as potential evidence of unconscionable guilt. The jury was further instructed that the accused could not be judged unfairly due to his low standard of education and that he could not be considered less favourably as a …show more content…

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