R v Alty

[2022] NSWDC 62

District Court

New South Wales

• Amendment notes

Medium Neutral Citation:

R v Alty [2022] NSWDC 62

Hearing dates:

08 and 09 March 2022

Date of orders:

09 March 2022

Decision date:

09 March 2022

Jurisdiction:

Criminal

Before:

Grant DCJ

Decision:

1. I find the accused not guilty of count 1 and the alternative count.

Catchwords:

Criminal Law – Judge alone – accused COVID positive – proceedings conducted via virtual court with no personal appearances – Aggravated enter dwelling with intent – witness criminally concerned in the events – honesty and reliability of the witness – not guilty verdict

Legislation Cited:

Crimes Act 1900

Evidence Act 1995

Criminal Procedure Act 1986

Cases Cited:

Azzopardi v The Queen (2001) 205 CLR 50

Fleming v The Queen (1998) 197 CLR 250

Ilich v R (1986) 162 CLR 110

Category:

Principal judgment

Parties:

Regina (Crown)
Nathan John Alty (Accused)

Representation:

Counsel:
Mr M Pincott (Crown)
Mr C Watson (Accused)

Solicitors:
Director of Public Prosecutions (NSW)
David Davidge (Accused)

File Number(s):

2019/00404345

Publication restriction:

Nil

Judgment

1. In the trial of Nathan Alty, I find the accused not guilty in relation to both counts, and these are my reasons.

2. On 8 March 2022 the accused, Nathan Alty, was arraigned before me at the Griffith District Court on the following charge: on 10 May 2018 at Tooleybuc in the State New South Wales, did enter the dwelling-house of Glenn Marsh with intent to commit a serious indictable offence, namely, larceny, in circumstances of aggravation, namely knowing that persons were in the place where the offence was committed, contrary to s 111(2) of the Crimes Act1900.

3. The accused has been further charged in the alternative that on 10 May 2018, at Tooleybuc in the State of New South Wales, entered the dwelling house of Glenn Marsh with intent to commit an indictable offence, namely, larceny, contrary to s 114(1)(d) of the Crimes Act1900.

4. The accused pleaded not guilty to both charges. The matter proceeded as a judge alone trial, as consented to by the parties on 7 March 2022.

DIRECTIONS

5. In compliance with s 133(2) and (3), of the Criminal Procedure Act, and as required by the decision of the High Court in Fleming v The Queen (1998) 197 CLR 250, I remind myself of the following principles of law: as the accused has pleaded that he is not guilty and elected trial by judge alone, it becomes my duty and responsibility to consider whether the accused is guilty or not guilty of the charges and return my verdict according to the evidence that I have heard.

6. I note that as the tribunal of fact, I am expected to use my individual qualities of reasoning, my experience, my understanding of people and human affairs, and my common sense. I acknowledge that I have very important matters to decide in this case, important not only to the accused but also to the whole community. I must act impartially, dispassionately, and fearlessly. I must…