Former swimming coach, Kyle Daniels has been acquitted by the Jury in the New South Wales District Court. Mr Daniels pleaded not guilty to 21 charges, 10 charges of a sexual nature.
Kyle Daniels, is twenty-four years old and was charged with inappropriate sexual contact with 9 young female students whilst working as a part time swim instructor in 2018 and 2019. The jury acquitted Mr Daniels of 9 charges including 5 of sexual intercourse with a child under the age of ten. Four of the verdicts were majority decisions which means all jury members but one agreeing. On Monday 24 October 2022 Mr Daniels was acquitted of one further charge of sexually touching a child under the age of ten and handed the Judge a note that indicated “no prospect of resolution” on the remaining charges.
Judge Kara Shead urged the jury to continue deliberating and participate in objective discussions. Judge Shead said “I understand there will be a level of frustration in the jury room”. Shortly after a further note was handed to the Judge by the jury that advised they remained divided and was discharged. The outstanding charges included five counts of indecent assault and six counts of sexual touching. The Judge indicated that the trial would conclude without verdicts in relation to the outstanding charges and that such circumstances would ordinarily result in a re-Trial but will be a matter for the Director of Public Prosecutions.
Mr Daniels previously faced Trial in 2020 on 26 charges whereby he was acquitted of five but the jury were unable to come to a decision on the remaining charges.
Being acquitted is the verdict of not guilty, there are also rules under Australian law that you cannot be brought into jeopardy for the same offence more than once which is called double jeopardy. It is the principal of autrefois acquit which roughly translates to “formerly acquitted”, it precludes a prosecuting authority from bringing a charge relating to an alleged offence that a person has already been acquitted on. There are some exceptions to double jeopardy through the Criminal Code (Double Jeopardy) Amendment Act, which was introduced in 2007.
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