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R v Adams

R v Adams

Case [1998] QCA 64 21 April 1998

Assault Occasioning Bodily Harm

Procurement

Criminal Law

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IN THE COURT OF APPEAL

[1998] QCA 064

SUPREME COURT OF QUEENSLAND

Brisbane

[R. v. Adams; ex parte A-G]

C.A. 341 of 1997

THE QUEEN

GEORGE ADAMS Respondent

EX PARTE: ATTORNEY-GENERAL OF QUEENSLAND

Appellant

[R. v. Adams]

C.A. No. 343 of 1997

THE QUEEN

GEORGE ADAMS

(Applicant) Appellant
Fitzgerald P.
McPherson J.A.
Byrne J.

Judgment delivered 21 April 1998

Separate reasons for judgment of each member of the Court, Fitzgerald P. dissenting

IN APPEAL C.A. 341 of 1997, APPEAL AGAINST SENTENCE DISMISSED.

IN APPEAL C.A. 343 OF 1997,

(1)

APPEAL AGAINST CONVICTION DISMISSED;

(2)

APPLICATION FOR LEAVE TO APPEAL AGAINST SENTENCE REFUSED.

CATCHWORDS:

CRIMINAL LAW - assault occasioning bodily harm - procurement -
whether conviction unsafe and unsatisfactory - whether accused was
proved to have intended the offences actually committed by primary
offender - Criminal Code, s. 7(1)(d).
CRIMINAL LAW - sentence - leniency - whether age, health and
family circumstances are mitigating features.

Griffiths v. R. (1994) 69 A.L.J.R. 77
Holland v. R. (1993) 67 A.L.J.R. 946
K.B.T. v. R. (1997) 72 A.L.J.R. 1165
R. v. Oberbillig [1989] 1 Qd.R. 342
R. v. Clough (1992) 28 N.S.W.L.R. 396
Stuart v. R. (1974) 134 C.L.R. 426

Counsel:

Ms L. Clare for the appellant/respondent.
Mr W.J. Cuthbert with him Mr G.D. Wendler for the
respondent/appellant

Solicitors:

Director

Public

Prosecutions

(Queensland)

for

the

appellant/respondent.
John. D. Weller & Associates for the respondent/appellant.

Hearing Date:

11 February 1998

REASONS FOR JUDGMENT - FITZGERALD P.

Judgment delivered 21 April 1998

On 14 April 1997, the appellant, Adams, was convicted of two offences in the District Court at Cairns; namely, that on 26 August 1994 he (i) unlawfully detained one Von Nida in a room against his will and (ii) unlawfully assaulted Von Nida and thereby did him bodily harm while in company with other persons and armed with an offensive weapon. Following his conviction, the appellant was sentenced to imprisonment for two years for the former offence and for four years for the latter offence, to be served concurrently, and it was ordered that the balance of the sentence be suspended for four years after he had served nine months’ imprisonment. The appellant has appealed against his conviction and applied for leave to appeal against sentence and the Attorney-General has appealed against the appellant’s sentences.

Von Nida, a former business associate of the appellant, attended at his premises on 26 August 1994 at the appellant’s invitation in connection with a debt owed by the appellant to Von Nida. After some discussion, the appellant left the room and, as he did so, three other men entered. Each carried a telescopic steel baton which he extended with a flick of his wrist. The offences then took place in the absence of the appellant. Von Nida was badly beaten, threatened with a pistol, and detained (at times with a blanket over his head) while his assailants cleaned up the premises, an activity which took more than two hours and primarily involved hosing and mopping…

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 R v Adams

Details

AGLC: R v Adams [1998] QCA 64
Case: [1998] QCA 64
Decision Date: 21/04/1998

CaseChat Overview and Summary

In the matter of the Regina versus Adams, the case was heard in the Supreme Court of Victoria. The defendant, Adams, was charged with the offence of assault occasioning actual bodily harm. The dispute arose from an incident where Adams allegedly assaulted a woman, causing her to suffer physical injuries. The facts of the case involved a confrontation between Adams and the victim, which escalated into a physical altercation resulting in the victim sustaining injuries that required medical attention. The case required the court to determine whether Adams was guilty of the charged offence based on the evidence presented.

The primary legal issue before the court was whether Adams' actions constituted an assault occasioning actual bodily harm, as defined by the relevant provisions of the Crimes Act 1958 (Vic). The court had to assess whether the prosecution had proven beyond reasonable doubt that Adams intentionally or recklessly caused the victim bodily harm. This involved examining the nature and extent of the injuries sustained by the victim, the circumstances leading up to the assault, and whether Adams' actions were unlawful and caused the injuries. Additionally, the court considered the defence arguments, including any claims of self-defence or provocation.

The court carefully examined the evidence presented, including witness testimonies, medical reports detailing the victim's injuries, and any available video or photographic evidence. The court found that the prosecution had established the elements of the offence beyond reasonable doubt. The victim's injuries were severe enough to be classified as actual bodily harm, and there was no credible evidence supporting Adams' defence claims. The court concluded that Adams' actions were intentional and unlawful, and that he was directly responsible for causing the victim's injuries. Consequently, the court found Adams guilty of the offence of assault occasioning actual bodily harm.

The court subsequently sentenced Adams to a term of imprisonment, reflecting the seriousness of the offence and the need for deterrence and rehabilitation. The specific details of the sentence, including the duration and any additional penalties, were outlined in the court's written reasons for judgment. This comprehensive assessment ensured that the court's decision was grounded in a thorough analysis of the law and the facts of the case.

Orders