Dodd v Brown - [2012] NTSC 102

Dodd v Brown [2012] NTSC 102
PARTIES:DODD, Jacob

v
BROWN, Peter Phillip

TITLE OF COURT:  SUPREME COURT OF THE NORTHERN TERRITORY
JURISDICTION:  SUPREME COURT OF THE NORTHERN TERRITORY EXERCISING APPELLATE JURISDICTION
FILE NO:JA 65 of 2012 (21211330)
DELIVERED:  21 December 2012
HEARING DATE:  16 October 2012
JUDGMENT OF:  BARR J
APPEAL FROM:  WALLACE SM
CATCHWORDS:

CRIMINAL LAW – APPEAL AGAINST FINDING OF GUILT AND CONVICTION – Criminal Code (NT) s 23 and s 32 – defence of ‘honest and reasonable mistake’ raised – whether prosecution failed to prove beyond reasonable doubt appellant did not have honest and reasonable belief he had permission to use the vehicle – magistrate found appellant guilty based on inference – reasonable possibility of innocence established on evidence – error of law – finding of guilt set aside – conviction quashed – verdict of not guilty entered
CRIMINAL LAW – APPEAL AGAINST FINDING OF GUILT AND CONVICTION – appellant found guilty and convicted of unlawful use of a motor vehicle – offending conduct involved appellant sleeping in stolen vehicle – whether an unlawful ‘use’ for the purposes of s 218(1) Criminal Code (NT) – if prosecution had proved beyond reasonable doubt the appellant knew the vehicle was stolen or knew he did not have permission to use it, conduct would have amounted to unlawful use
Criminal Code s 23, s 32, s 218

He Kaw Teh v The Queen (1985) 157 CLR 523; Jaeger-Steigenberger v O’Neill [2011] NTSC 42; Jiminez v The Queen (1992) 173 CLR 572; Shepard v R (1990) 97 ALR 161, followed
Fawcett v BHP by-Products Pty Ltd (1960) 104 CLR 80; Dickinson v Motor Vehicle Insurance Trust (1987) 163 CLR 505, considered
REPRESENTATION:
Counsel:
Appellant:A Hancock
Respondent:  J Tierney
Solicitors:
Appellant:North Australian Aboriginal Justice Agency
Respondent:  Office of the Director of Public Prosecutions
Judgment category classification:    B
Judgment ID Number:  Bar1223
Number of pages:  16

IN THE SUPREME COURT
OF THE NORTHERN TERRITORY
OF AUSTRALIA
AT DARWIN
Dodd v Brown [2012] NTSC 102

No. JA 65 of 2012 (21211330)
BETWEEN:

JACOB DODD

Appellant

AND:

PETER PHILLIP BROWN

Respondent

CORAM: BARR J
REASONS FOR JUDGMENT
(Delivered 21 December 2012)
Appeal against finding of guilt and conviction

On 7 June 2012, the appellant was found guilty and convicted by the Katherine Court of Summary Jurisdiction of the unlawful use of a motor vehicle overnight on 23 March and 24 March 2012. He has appealed against the finding of guilt and conviction.
The facts relating to the appellant’s offending can be briefly summarised.
A Holden Commodore utility was stolen in Katherine, late at night on Friday 23 March or in the early morning of Saturday 24 March 2012. At approximately 4.00 am on Saturday 24 March 2012, police officers found the appellant asleep in the driver’s seat of the stolen vehicle, on the side of the Victoria Highway about five kilometres outside Katherine. Another person, Kane O’Keith, was asleep in the passenger seat. The appellant appeared to be sleeping…

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.

Continue reading Dodd v Brown

Details

AGLC: Dodd v Brown [2012] NTSC 102
Case: [2012] NTSC 102
Decision Date: 21 December 2012

CaseChat Overview and Summary

In the case of Dodd v Brown, the appellant, Dodd, appealed against his finding of guilt and conviction for the unlawful use of a motor vehicle. The case was heard in the Northern Territory Court of Appeal. The offence stemmed from the appellant sleeping in a stolen vehicle, which was alleged to constitute unlawful use under section 218(1) of the Criminal Code (NT). The lower court had found Dodd guilty based on the inference that he knew the vehicle was stolen or that he did not have permission to use it. However, the appellant argued that the prosecution had not proven beyond reasonable doubt that he lacked an honest and reasonable belief that he had permission to use the vehicle, citing the defence of an honest and reasonable mistake. The appeal hinged on whether the prosecution had successfully negated this defence and on whether the offence constituted an unlawful use of a motor vehicle.

The legal issues before the court were twofold: first, whether the prosecution had discharged its burden of proving beyond reasonable doubt that the appellant did not have an honest and reasonable belief that he had permission to use the vehicle; and second, whether sleeping in a stolen vehicle constituted an unlawful use of a motor vehicle for the purposes of section 218(1) of the Criminal Code (NT). The court examined the evidence presented and the applicable legal principles, particularly focusing on the defence of an honest and reasonable mistake and the mens rea required for the offence of unlawful use. The court found that there was a reasonable possibility of innocence established on the evidence, leading to the conclusion that the prosecution had not met its burden of proof.

The court concluded that the magistrate had erred in finding Dodd guilty, as the possibility of innocence had not been excluded beyond reasonable doubt. The error was deemed significant enough to warrant setting aside the finding of guilt and quashing the conviction. Consequently, the appeal was allowed on the second ground, and the court entered a verdict of not guilty. The court's decision highlighted the importance of the prosecution proving the absence of an honest and reasonable belief beyond reasonable doubt and clarified the scope of the offence of unlawful use under the Criminal Code (NT).

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

In my view, that concession was properly made. Conclusion I allow the appeal on Ground 2. Pursuant to s 177(2) Justices Act, I set aside the finding of guilty and quash the conviction recorded by the learned magistrate. I enter a verdict of not guilty.

Ratio Decidendi

Legal Principle Established

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