Police v Allan James Robinson - [2008] NTMC 4

CITATION: Police v Allan James Robinson [2008] NTMC 004

PARTIES: ERICA SIMS

ALLAN JAMES ROBINSON

TITLE OF COURT: COURT OF SUMMARY JURISDICTION

JURISDICTION: Criminal

FILE NO(s): 20602063

DELIVERED ON: 23 January 2008

DELIVERED AT: Darwin

HEARING DATE(s): 26 April 2007, 27-28 November 2007 and
18 December 2007

JUDGMENT OF: Dr John Lowndes

CATCHWORDS:

CRIMINAL LAW – DEFENCE OF ACCIDENT – NEED FOR ACCIDENT TO BE OPEN ON THE EVIDENCE – THE EVIDENTIAL PRESUMPTION CREATED BY s7 OF THE CRIMINAL CODE (NT) – THE RELEVANCE OF INTOXICATION TO THE DEFENCE OF ACCIDENT – CONSENT AS A DEFENCE – THE DEFENCE OF DEFENSIVE CONDUCT

Criminal Code (NT), ss 7, 23, 29, 31, 32
Criminal Code (QLD), s 23

Kaporonovski (1973) 133 CLR 209 Followed
Duffy (1980) 3 A CRIM R 1 Followed
Falconer (1990) 65 ALJR 20 Followed
Breedon [1993] 3 NTLR 119 Followed
McMaster [1994] 4 NTLR 92 Followed
Ryan (1967) 121 CLR 205 Applied
Hubert (1993) 67 A Crim R 181 Applied
Skerritt (2001) 119 A CRIM R 510 Applied
Charlie [1998] 7 NTLR 152 Followed
Pregelj v Manison (1987) 51 NTR 1 Applied
Sullivan (1981) 6 A CRIM R 259 Followed
O’Connor (1980) 146 CLR 64 Applied
Carroll v Lergesner (1991) 1 Qd R 206 Applied
R v Viro (1978) 141 CLR 88 Applied
R v Stokes and Difford (1990) 51 A Crim R 25 Applied
Olasiuk (1973) 6 SASR 225 Applied

REPRESENTATION:

Counsel:
Prosecutor: Mr T Smith
Defendant: Mr T Berkley

Judgment category classification: A
Judgment ID number: [2008] NTMC 004
Number of paragraphs: 200

IN THE COURT OF SUMMARY JURISDICTION
AT DARWIN IN THE NORTHERN
TERRITORY OF AUSTRALIA

No. 20602063
[2008] NTMC 004

BETWEEN:

ERICA ANN SIMS
Plaintiff

AND:

ALLAN JAMES ROBINSON
Defendant

REASONS FOR DECISION

(Delivered 23 January 2008)

Dr John Lowndes SM:
THE CHARGE AND THE ISSUES
1. The defendant pleaded not guilty to the following charge:
On 21 January 2006 at Darwin in the Northern Territory of Australia unlawfully assaulted Lachlan Griffen
and that the said unlawful assault involved the following circumstance of aggravation, namely:
That the said Lachlan Griffen suffered bodily harm contrary to s 188(2) of the Criminal Code.

2. The matter was heard on 27 and 28 November 2007. The hearing gave rise to a number of issues relating to the elements of the offence and defences of accident, consent, self defence and intoxication.

3. The matter was adjourned to enable the Court to receive written submissions with respect to those issues. Having read and considered those submissions, I deal with the issues as follows.

THE PROHIBITED “ACT” AND THE MENTAL ELEMENTS OF THE OFFENCE
4. Sections 23 and 31 are the two key general criminal responsibility provisions of the Criminal Code.

5. Section 23 provides:

A person is not guilty of an offence if any act, omission or event constituting that offence done, made or caused by him was authorised, justified or excused.
6. Section 31 provides:
(1) A person is excused from criminal responsibility for an act, omission…

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: [2008] NTMC 4
Decision Date: 23 January 2008

CaseChat Overview and Summary

In Police v Allan James Robinson, Allan James Robinson was charged with the offence of assault occasioning bodily harm. The defendant pleaded not guilty and the case was heard over three days. The primary issues that the Court had to decide related to the elements of the offence and the defences of accident, consent, self defence and intoxication. The Court found that the prosecution had proved beyond reasonable doubt that the defendant had struck the victim with a glass without his consent and that the prosecution had excluded the defences of accident, consensual fight, defensive conduct and provocation. The Court found the defendant guilty of the offence.

Orders