the offender, whilst any findings favourable to him require only proof on the balance of probabilities.[1]
The Facts of the Crime
8 Charlise Mutten arrived in Sydney on 21 December 2021 where she was met at the airport by her mother and the offender. They drove from the airport to Forest Lodge, where Ms Mutten and Charlise spent Christmas at the home of the offender's mother, Annemie Stein. After Christmas, the offender, Ms Mutten and Charlise spent time between a caravan park on the Hawksbury River at Lower Portland, where the offender had a caravan, and another property owned by Annemie Stein, located at Shadforth Road, Mount Wilson. During the first two weeks of January the offender was engaged in moving furniture and other items from Mount Wilson to Lower Portland, it being his intention to make something of a home there for himself and his fiancée, Ms Mutten. There were a number of trips between the two locations, using the offender's red Holden Colorado utility to transport the couple's belongings.
9 On Tuesday 11 January 2022, Charlise and Ms Mutten spent some time swimming before Charlise left Lower Portland to drive to the Blue Mountains with the offender and his dog Dozer. Charlise loved Dozer and spent as much time playing with him as she could. On learning that the offender was to return to Mount Wilson with Dozer, Charlise asked her mother, "Can I go with daddy, Mum?"[2] Her mother agreed, and Charlise left. When her mother last saw her, she was wearing black tracksuit pants, with a black skirt and salmon pink coloured t-shirt. A photograph of Charlise wearing the skirt was in evidence before the jury as part of Ex. F. On her feet, Charlise had her mother's slip-on pink slides. She had a black hoodie top against the evening chill expected at Mount Wilson.[3] Because it was intended that Charlise would spend the night at Mount Wilson with the offender, she had a small overnight bag with her favourite toy, a gift from her grandparents, and perhaps some clothes inside.[4]
