SUPREME COURT OF SOUTH AUSTRALIA
(Magistrates Appeal: Criminal)
LAWRENCE v POLICE
[2023] SASC 115
Judgment of the Honourable Justice Bampton
10 August 2023
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
CRIMINAL LAW - APPEAL AND NEW TRIAL - PROCEDURE - POWERS OF COURT ON APPEAL - POWER TO ORDER NEW TRIAL OR QUASH CONVICTION AND DIRECT ENTRY OF VERDICT OF ACQUITTAL - WHERE CONVICTION QUASHED AND VERDICT OF ACQUITTAL ENTERED
Appeal against conviction for assault – whether Magistrate erred in finding the evidence established the appellant’s guilt beyond reasonable doubt – whether the Magistrate’s reasons were adequate.
Held: Appeal allowed – the evidence did not establish the appellant’s guilt beyond reasonable doubt – verdict of acquittal entered.
Magistrates Court Act 1991 (SA) s 42; Criminal Law Consolidation Act 1935 (SA) ss 20(3), 170(1), referred to.
Liberato v The Queen (1985) 159 CLR 507; Fox v Percy (2003) 214 CLR 118; Devries v Australian National Railways Commission (1993) 177 CLR 472; R v Keyte (2000) 78 SASR 68; R v Schlaefer (1984) 37 SASR 207; Eade v The King (1924) 34 CLR 154; Chandler v Police [2016] SASC 42; R v Lavery (2013) 116 SASR 242; Douglass v The Queen (2012) 86 ALJR 1086, considered.
LAWRENCE v POLICE
[2023] SASC 115Magistrates Appeal: Criminal
BAMPTON J: By Magistrates Court Information dated 26 July 2021, Roy David Lawrence was charged with aggravated serious criminal trespass in a place of residence[1] and assault.[2] The aggravated serious criminal trespass charge was withdrawn on 21 September 2022. Mr Lawrence pleaded not guilty to the assault charge against Jennifer Fatchen (“Ms Fatchen”) and the matter proceeded to trial in the Whyalla Magistrates Court on 12 January 2023.
[1] Contrary to s 170(1) of the Criminal Law Consolidation Act1935 (SA).
[2] Contrary to s 20(3) of the Criminal Law Consolidation Act 1935 (SA).
The prosecution case as summarised by the Magistrate was:[3]
Now if I just summarise the opening of the prosecution. It was alleged that Ms Fatchen was at home on the morning of 13 June 2021 when [Mr Lawrence] arrived. That he let himself in, that words were spoken, that he punched her twice to the mouth. That he grabbed her around the back of the head with both hands and threw her into a metal storage rack, then she fell to the floor. That the side of her head impacted with the rack. That he picked her up by both hands by her head and threw her into a wooden front door, that she fell to the floor, he picked her up again and threw her towards her daughter’s dolls house. The back of her head hit the back of the dolls house and broke the dolls house. She suffered a split and swollen lip and a scratch to the back of the neck. [Mr Lawrence] left and police were called.
[3] Police v Lawrence, Roy David [2023]…
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- AGLC
- Lawrence v Police [2023] SASC 115
- Case
- [2023] SASC 115
- Decision Date
CaseChat Overview and Summary
The court found that Lawrence's evidence was confusing and open to multiple interpretations, particularly regarding the circumstances of the assault and the relationship between Lawrence and Ms Fatchen. The court concluded that the evidence did not conclusively prove Lawrence's guilt beyond reasonable doubt. The court noted that while there were inconsistencies in Lawrence's testimony, they did not necessarily undermine the credibility of Ms Fatchen's account. The court allowed the appeal, set aside the conviction and sentence, and entered a verdict of acquittal. This decision highlights the importance of clear and consistent evidence in establishing guilt in criminal cases.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
The respondent submitted Ms Fatchen gave evidence that Mr Lawrence attended her home screaming about and trying to find her brother to transfer registration for the car. It was submitted this comprised evidence as to the reason why Mr Lawrence not only attended her home that morning but also why he was upset. It was argued that the evidence is relevant to a fact in issue, and that Mr Lawrence did not give direct evidence that Ms Fatchen invited him over, rather he asserted that she sent him messages which comprise exhibit D1, which she denied sending. It was contended that not only did Mr Lawrence give evidence that he had purchased a vehicle that was registered in Ms Fatchen’s brother’s name, but he also agreed that he attended the house to see her brother. When he was asked in cross-examination what he said to Ms Fatchen, he stated that he asked about her brother and “all that”. He agreed that he asked her about her brother and the car and was upset with her. He gave evidence that upon his attendance there were tense words about a motor vehicle. It was submitted this was entirely consistent with Ms Fatchen’s evidence on the topic and corroborates her account as to why he attended, became upset, and assaulted her.Consideration As Mr Lawrence’s complaints in grounds 1 and 2 overlap, I will consider them together. There can be no doubt Mr Lawrence’s evidence on certain topics was confusing and, on my assessment, open to various interpretations. In relation to how long he had known Ms Fatchen, his evidence could be as submitted by the prosecution. It could also be that he met Ms Fatchen through the father of her children and through Tinder, bearing in mind his assertion of a sexual relationship with her. Mr Lawrence agreed it was plausible he met her through her brother. The effect of his evidence may be that, having had a clandestine relationship of many years, Ms Fatchen’s brother formally introduced him to Ms Fatchen six years ago, noting his evidence:I mean I’m friends with her brother and her boyfriend, it’s pretty embarrassing that I’m having sex with her, you know what I mean. Mr Lawrence agreed that there was an argument or tense words about the car at Ms Fatchen’s home. He gave evidence that upon arrival he asked Ms Fatchen about her brother “and that” and checked his phone and found he did not have any money. This evidence suggests that, upon attendance at Ms Fatchen’s home, both the car and the money he owed Ms Fatchen were discussed. The discussion about the car “got nowhere”. He said Ms Fatchen thought he had cash, did not want him to leave, and blackmailed him. He gave evidence she said, “If you leave, I’m calling the cops”. Mr Lawrence said he did not touch Ms Fatchen and that she “made a scene” by attacking him and charging constantly. In response to the following question in cross-examination:And you’re asking about Tyson because he’s got this car that essentially you own because you’ve put all of your savings into this car, so it’s your car and you want the car back, is that right.Mr Lawrence said, “Probably so I can pay her, she’s got kids”. This answer suggests Mr Lawrence wanted the car and to pay back the debt he owed Ms Fatchen. He said he was “pissed off” he could not pay her. Mr Lawrence had said in examination-in-chief, the car “was a struggle to sell”. He also gave evidence he was about to go out of town “with some other chick … and they had money to go out of town and she didn’t believe me I was broke”. This, together with his evidence “she just thought I had cash”, suggests his account is that Ms Fatchen was of the belief he had money as he was going out of town, but it was the person he was going out of town with who had money, not him.