Alfred (a pseudonym) v Eiffert

Case [2023] ACTSC 403

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Alfred (a pseudonym) v Eiffert

Citation: 

[2023] ACTSC 403

Hearing Date: 

15 November 2023

Decision Date: 

21 December 2023

Before:

Baker J

Decision: 

Appeal dismissed

Catchwords: 

CRIMINAL LAW – APPEAL – Appeal from Magistrates Court – appeal against conviction for aggravated burglary and attempted theft – appeal by rehearing – standard of review - circumstantial case – whether Magistrate erred in making intermediate factual findings – evidence established guilt beyond reasonable doubt – appeal dismissed.

Legislation Cited: 

Criminal Code 2002 (ACT), ss 44, 308, 312

Evidence Act 2011 (ACT), ss 65, 118, 144

Magistrates Court Act 1930 (ACT), ss 207, 208, 214

Cases Cited: 

Alexander v Bakes [2023] ACTCA 49

Allesch v Maunz [2000] HCA 40; 203 CLR 172

Amante v R [2020] NSWCCA 34

Carroll v The Queen [2009] HCA 13; 254 CLR 259

De Gruchy v The Owners - Units Plan No 3989 [2020] ACTSC 65

DPP v Holder [2022] ACTSC 336; 103 MVR 30

Edwards v The Queen [1993] HCA 63; 178 CLR 193

EE v R [2023] NSWCCA 188

Festa v The Queen[2001] HCA 72; 208 CLR 593

Fox v Percy [2003] HCA 22; 214 CLR 118

Garay v the Queen (No 3) [2023] ACTCA 2

Ji v Stone [2023] ACTSC 54

KA v Linden [2021] ACTCA 22

Lukatelav Birch [2008] ACTSC 99; 164 ACTR 24

M v the Queen [1994] HCA 63; 181 CLR 487

McFarlane v Van Eyle [2022] ACTCA 68

Muench v McCue [2020] ACTCA 17

R v Dawson [2022] NSWSC 1131

R v DM [2010] ACTSC 137

R v Ralston [2020] ACTCA 47; 285 A Crim R 159

Roberts v Rhodes [2014] ACTCA 20

Robinson Helicopter Company Inc v McDermott [2016] HCA 22; 331 ALR 550

Smith v The Queen [2001] HCA 50; 206 CLR 650

Warren v Coombes [1979] HCA 9; 142 CLR 531

Parties: 

Braiden Alfred (a pseudonym) ( Appellant)

Jacob Eiffert ( Informant)

Representation: 

Counsel

E Wallis ( Appellant)

T Hickey ( Informant)

Solicitors

Legal Aid ACT (Appellant)

ACT Director of Public Prosecutions ( Informant)

File Number:

CA 35 of 2023

Decision Under Appeal: 

Court/Tribunal:           ACT Childrens Court

Before:   Special Magistrate Christensen

Date of Decision:       10 May 2023

Case Title:                  Jacob Eiffert v Braiden Alfred (a pseudonym)

Court File Number:     812836

BAKER J:      

Introduction

1․On 10 May 2023, the appellant was found guilty by a Special Magistrate (the Magistrate) of the following two charges following a hearing in the Childrens Court:

(a)Count 1 (CH2023/219) – aggravated burglary with intention to commit theft, contrary to s 312 of the Criminal Code 2002 (ACT).

(b)Count 2 (CH2023/218) – attempted theft by virtue of s 44 of the Criminal Code, contrary to s 308 of the Criminal Code.

2․The appellant appeals against these findings of guilt on the following grounds:

(i)The findings of guilt on each charge are unreasonable and cannot be supported having regard to the…

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Alfred (a pseudonym) v Eiffert [2023] ACTSC 403
Case
[2023] ACTSC 403
Decision Date

CaseChat Overview and Summary

Alfred, a pseudonym for the appellant, appealed against his conviction for aggravated burglary and attempted theft. The appeal was heard by the court of appeal which conducted a rehearing of the matter. The legal issues that the court was required to decide were whether the Magistrate had erred in making intermediate factual findings and whether the evidence established guilt beyond reasonable doubt. The court considered the evidence presented and found that there was no error in the Magistrate's findings. The court held that the evidence was sufficient to establish guilt beyond reasonable doubt and dismissed the appeal. The court also noted that the standard of review for an appeal from the Magistrates Court was whether the Magistrate had made an error of law or a mistake of fact that affected the outcome of the case.

The court examined the evidence and found that there were no errors in the Magistrate's findings. The court held that the evidence was circumstantial but was sufficient to establish guilt beyond reasonable doubt. The court noted that the appellant had the burden of proving his innocence and that the evidence presented by the prosecution was credible and reliable. The court also held that the appellant's arguments were speculative and did not rebut the evidence presented by the prosecution. The court found that the appellant's guilt was established beyond reasonable doubt and dismissed the appeal.

The court held that the appeal was dismissed and that the conviction and sentence of the Magistrates Court were affirmed. The court noted that the appeal was without merit and that there was no error in the Magistrate's findings or in the outcome of the case. The court also noted that the appellant's arguments were speculative and did not rebut the evidence presented by the prosecution. The court held that the evidence was sufficient to establish guilt beyond reasonable doubt and that the appeal was dismissed.

Orders

Orders of the court

Appeal dismissed

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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