NEW SOUTH WALES COURT OF CRIMINAL APPEAL
CITATION:
DENNIS ARTHUR BELLCHAMBERS v REGINA [2008] NSWCCA 235
FILE NUMBER(S):
4637/2007
HEARING DATE(S):
8 September 2008
JUDGMENT DATE:
14 October 2008
PARTIES:
Dennis Arthur Bellchambers
Regina
JUDGMENT OF:
Allsop P Johnson J Price J
LOWER COURT JURISDICTION:
District Court
LOWER COURT FILE NUMBER(S):
06/11/0737
LOWER COURT JUDICIAL OFFICER:
Freeman DCJ
LOWER COURT DATE OF DECISION:
23 November 2007
COUNSEL:
Appellant - Mr S Odgers SC
Crown - Mr P G Ingram
SOLICITORS:
Appellant - Ziman and Ziman Solicitors
Crown - S Kavanagh (Solicitor for Public Prosecutions)
CATCHWORDS:
CRIMINAL LAW – grievous bodily harm – intent to cause grievous bodily harm – Crimes Act 1900(NSW) ss 33, 428A-428I – whether inference can be drawn from seriousness of wounds
CRIMINAL LIABILITY AND CAPACITY – intoxication – direction as to intoxication – whether misdirection as to intoxication – Criminal Appeal Act 1912 (NSW), s 6(1) – Criminal Appeal Rules, r 4
INTOXICATION – capacity to form specific intent.
LEGISLATION CITED:
Crimes Act 1900 (NSW)
Criminal Appeal Act 1912 (NSW)
Criminal Appeal Rules
CATEGORY:
Principal judgment
CASES CITED:
Coleman (1990) 19 NSWLR 467; 47 A Crim R 306
Spencer (2003) 137 A Crim R 444
Tripodina (1988) 35 A Crim R 183
Viro v The Queen (1978) 141 CLR 88
TEXTS CITED:
DECISION:
1. Grant leave to rely on misdirection as to intoxication.
2. Allow the appeal.
3. Quash the conviction of the appellant.
4. Order that there be a new trial.
JUDGMENT:
IN THE COURT OF
CRIMINAL APPEAL
CCA 2007/4637
ALLSOP P
JOHNSON J
PRICE J14 October 2008
Dennis Arthur BELLCHAMBERS v R
JUDGMENT
ALLSOP P: On 13, 14, 15, 16, 20, 21, 22 and 23 August 2007 the appellant, Dennis Arthur Bellchambers, stood his trial on a charge that on 25 May 2005 at Dunbogan he maliciously inflicted grievous bodily harm upon Ms Julie Ann Barry with intent to do grievous bodily harm contrary to the Crimes Act 1900 (NSW), s33. The jury returned a verdict of guilty. The trial judge sentenced the appellant to a term of imprisonment consisting of a non-parole period of 10 years commencing on 23 November 2007 and a balance of term of 3 years commencing on 23 November 2017.
The only ground of appeal argued was that the trial judge erred in his direction as to intoxication. For the reasons below I am of the view that the trial judge did err in his direction in this respect. Given that there was no complaint made at the trial by counsel for the appellant about the direction given a question of leave under the Criminal Appeal Rules, rule 4 arises. This, in turn, raises the operation of the proviso in the Criminal Appeal Act 1912 (NSW), s6(1).
Some background to the events of 25 May 2005 is necessary. The following is taken from the summary of trial prepared by the Crown and to which there was no demur by the appellant. The appellant and Ms Barry…
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- Bellchambers v R [2008] NSWCCA 235
- Case
- [2008] NSWCCA 235
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CaseChat Overview and Summary
The court examined whether the trial judge had correctly directed the jury on the principles governing intoxication and its role in negating the specific intent required for the offence of inflicting grievous bodily harm. The defendant argued that the trial judge had misdirected the jury by not adequately addressing the effect of intoxication on the formation of intent. The court also considered whether the inference of intent could be drawn from the seriousness of the victim's injuries.
The appellate court found that the trial judge had indeed misdirected the jury on the issue of intoxication. The judge had not sufficiently explained how voluntary intoxication could negate the specific intent required for the offence. The court concluded that this misdirection was substantial and could have affected the jury's assessment of the defendant's intent. Consequently, the conviction was quashed, and a new trial was ordered. This decision underscored the importance of clear judicial directions regarding the impact of intoxication on criminal liability.
Orders
Orders of the court
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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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