Greenwood v Barlee

[2018] ACTCA 62

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
COURT OF APPEAL

Case Title:

Greenwood v Barlee

Citation:

[2018] ACTCA 62

Hearing Date:

5 November 2018

DecisionDate:

14 December 2018

Before:

Burns, Loukas-Karlsson and Charlesworth JJ

Decision:

See [36]

Catchwords:

APPEAL – CRIMINAL LAW – Appeal from ACT Supreme Court – primary judge dismissed an appeal from a conviction recorded against appellant in the Magistrates Court – offence of assault occasioning actual bodily harm – proceedings before primary judge – present appeal – whether appellant demonstrated error by primary judge in present appeal

Legislation Cited:

Crimes Act 1900 (ACT) s 24

Magistrates Court Act 1930 (ACT) ss 25, 37

Cases Cited:

Burridge v Chief Magistrate [2016] ACTSC 332; 317 FLR 26

Faris v Coulon [2017] ACTSC 114
Fox v Percy [2003] HCA 22; 214 CLR 118
McElholum v Hughes [2016] ACTCA 37
Peverill v Crampton [2010] ACTSC 79

Wyper v The Queen; R v Wyper [2017] ACTCA 59

Parties:

James Greenwood (Appellant)

Cassandra Jayne Barlee (Respondent)

Representation:

Counsel

Ms J Keys (Appellant)

Ms R Christensen (Respondent)

Solicitors

ACT Director of Public Prosecutions (Respondent)

File Number:

ACTCA 4 of 2018

Decision under appeal: 

Court/Tribunal:             ACT Supreme Court

Before:  Mossop J

Date of Decision:         5 February 2018

Case Title:  Greenwood v Barlee

Citation: [2018] ACTSC 46

THE COURT:

1. This is an appeal from a decision of Mossop J made on 5 February 2018 dismissing an appeal from a conviction recorded against the appellant in the Magistrates Court on 2 May 2017 for an offence of assault occasioning actual bodily harm, contrary to s 24 of the Crimes Act 1900 (ACT).

1. The charge arose out of an incident that occurred around 1 am on 19 February 2015.  On the prosecution case the victim, Abdul Aqel, a taxi driver, received a booking for a pick up on Wattle Street in Lyneham in the Australian Capital Territory at about 12.30 am that morning. He drove to the designated pick up location, and observed two males in a driveway. As he approached, one of the males walked away, while the other, the appellant, got into the taxi. He directed Mr Aqel to drive him to Franklin. An exchange then occurred between Mr Aqel and the appellant in which he asked for a deposit of $20. The appellant refused and told Mr Aqel that he would pay him in cash at his destination. Mr Aqel then began to drive away with the appellant in the taxi, but the appellant began shouting and acting aggressively. Mr Aqel feared for his safety and activated the duress alarm in the taxi. The taxi came to a stop and the appellant got out of the taxi, turned around and struck Mr Aqel twice to the area of his left eye with a closed fist. Mr Aqel drove away and stopped at a nearby bus stop. He noticed that his eye was swollen and he could see blood in the corner of his eye. He retrieved an ice pack from the…