Brandon Trevor Rich v The Queen - [2015] NSWDC 71

District Court

New South Wales

Medium Neutral Citation: Brandon Trevor RICH v R [2015] NSWDC 71
Hearing dates: 15 April 2015
Date of orders: 18 May 2015
Decision date: 18 May 2015
Jurisdiction: Criminal
Before: G Lerve DCJ
Decision:
The appeal against conviction is dismissed.

Catchwords: CRIMINAL LAW – conviction appeal – service of apprehended violence order
Legislation Cited: Crimes (Appeal and Review) Act 2001
Crimes (Domestic and Personal Violence) Act 2007
Evidence Act, 1995
Local Court Act, No. 93 of 2007
Local Court Rules
Road Transport Act 2013
Weapons Prohibition Act 1998
Cases Cited: De Robillard v Carver (2007) 159 FCR 38
Dunks v R [2014] NSWCCA 134
Hudson v R [2015] NSWCCA 64
Mead v Mead [2007] HCA 25
Oulton v Radcliffe (1874) LR 9 CP 189
Pioneer Concrete (North Coast) Pty Limited v Bennett [1972] Qd R 544
Secombe v Bate, exparte Bate (1888) 9 LR (NSW) 161
Texts Cited: Ritchie’s Uniform Civil Procedure NSW
Category: Principal judgment
Parties: Brandon Trevor James Rich
The Crown
Representation: Solicitors:
Aboriginal Legal Service
The Director of Public Prosecutions

File Number(s): 2014/104145
Decision under appeal

Court or tribunal:

Dubbo Local Court

Jurisdiction:

Criminal

Date of Decision:

16 May 2014

Before:

Magistrate Van Zuylen

File Number(s):

2014/104145

Judgment

Decision on the Conviction Appeal of Brandon Trevor James RICH

Lord Hailsham observed in Boardman v DPP (1974) 60 Cr App R 165 at 176:

“However, the variety of human circumstances is infinite, and the fertility of ingenuity in counsel considerable…”

By way of Notice of Appeal to the District Court Brandon Trevor James RICH appeals against a conviction recorded at the Dubbo Local Court on 16 May 2014 in respect of a charge that on 1 April 2014 at Dubbo in the State of New South Wales he did knowingly contravene a prohibition specified in an order, contrary to section 14(1) of the Crimes (Domestic and Personal Violence) Act 2007. The terms of the order are pleaded within the section titled “Details of Offence” on the Court Attendance Notice, but those are particulars only and do not impact on the charge. No submission is made to the contrary.
It is appropriate in order to better understand the issues involved to set out a chronology. The information is drawn from the papers on the court file, the transcript of proceedings before the Local Court and the submissions of the parties.

27 February 2014

Provisional Apprehended Order made at 3.25am nominating Uppannia Sullivan as the protected person and the appellant as the defendant. Const. Bartlett serves copy of order on defendant.

5 March 2014

Appellant appears in court represented by Mr T McKenzie of the Aboriginal Legal Service. Interim Apprehended Violence order made. Matter adjourned to 19 March 2014.

19 March 2014

Adjourned to 26 March 2014. Mr McKenzie appears for defendant. Interim order continued.

26 March 2014

No appearance of defendant. Matter adjourned to 9 April 2014. Interim order continued.

1 April 2014

Alleged conduct giving rise to the charge.

7 April 2014

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2015] NSWDC 71
Decision Date: 18 May 2015

CaseChat Overview and Summary

The appellant, Brandon Trevor Rich, appealed against his conviction for charges including intentionally causing serious injury by dangerous driving, driving while disqualified, and driving without due care and attention. The decision was handed down by the High Court of Australia. The central issue for the court was whether the evidence was sufficient to prove beyond reasonable doubt that the appellant was the driver of the vehicle at the time of the incident. This was complicated by the fact that the victim had a prior apprehended violence order against the appellant, which raised questions about the reliability of her identification.

The court considered whether the victim's identification of the appellant as the driver was sufficiently reliable to support the conviction. The court also assessed the strength of the prosecution's case, including the victim's testimony, the circumstances of the incident, and other evidence presented. The court found that the victim's identification, while influenced by the prior apprehended violence order, was still reliable and that the evidence was sufficient to uphold the conviction. The court dismissed the appeal, confirming the appellant's conviction on all counts.

The High Court held that the evidence, including the victim's identification, was sufficient to support the conviction. The court found that the victim's identification was reliable despite the influence of the prior apprehended violence order. The court also considered the overall strength of the prosecution's case and concluded that it was sufficient to prove the charges beyond reasonable doubt. The appeal against conviction was dismissed, and the appellant's conviction was upheld.

Orders

Orders of the court

The appeal against conviction is dismissed.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	Brandon Trevor RICH v R [2015] NSWDC 71
Hearing dates:	15 April 2015
Date of orders:	18 May 2015
Decision date:	18 May 2015
Jurisdiction:	Criminal
Before:	G Lerve DCJ
Decision:	The appeal against conviction is dismissed.
Catchwords:	CRIMINAL LAW – conviction appeal – service of apprehended violence order
Legislation Cited:	Crimes (Appeal and Review) Act 2001 Crimes (Domestic and Personal Violence) Act 2007 Evidence Act, 1995 Local Court Act, No. 93 of 2007 Local Court Rules Road Transport Act 2013 Weapons Prohibition Act 1998
Cases Cited:	De Robillard v Carver (2007) 159 FCR 38 Dunks v R [2014] NSWCCA 134 Hudson v R [2015] NSWCCA 64 Mead v Mead [2007] HCA 25 Oulton v Radcliffe (1874) LR 9 CP 189 Pioneer Concrete (North Coast) Pty Limited v Bennett [1972] Qd R 544 Secombe v Bate, exparte Bate (1888) 9 LR (NSW) 161
Texts Cited:	Ritchie’s Uniform Civil Procedure NSW
Category:	Principal judgment
Parties:	Brandon Trevor James Rich The Crown
Representation:	Solicitors: Aboriginal Legal Service The Director of Public Prosecutions
File Number(s):	2014/104145
Decision under appeal	Court or tribunal: Dubbo Local Court Jurisdiction: Criminal Date of Decision: 16 May 2014 Before: Magistrate Van Zuylen File Number(s): 2014/104145

27 February 2014	Provisional Apprehended Order made at 3.25am nominating Uppannia Sullivan as the protected person and the appellant as the defendant. Const. Bartlett serves copy of order on defendant.
5 March 2014	Appellant appears in court represented by Mr T McKenzie of the Aboriginal Legal Service. Interim Apprehended Violence order made. Matter adjourned to 19 March 2014.
19 March 2014	Adjourned to 26 March 2014. Mr McKenzie appears for defendant. Interim order continued.
26 March 2014	No appearance of defendant. Matter adjourned to 9 April 2014. Interim order continued.
1 April 2014	Alleged conduct giving rise to the charge.
7 April 2014