SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Booth (No 2) |
Citation: | [2021] ACTSC 255 |
Hearing Date: | 1 October 2021 |
DecisionDate: | 1 October 2021 |
Before: | Mossop J |
Decision: | See [27] |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Where accused was acquitted of aggravated burglary at jury trial – transfer charge of damaging property – guilty on damaging property charge |
Legislation Cited: | Crimes Act 1900 (ACT), s 116 |
Cases Cited: | |
Parties: | The Queen ( Crown) Richard Booth ( Accused) |
Representation: | Counsel T Hickey ( Crown) J De Bruin ( Accused) |
| Solicitors ACT Director of Public Prosecutions ( Crown) Legal Aid ACT ( Accused) | |
File Number: | SCC 177 of 2019 |
MOSSOP J:
Introduction
These reasons relate to a transfer charge of damaging property pursuant to s 116 of the Crimes Act 1900 (ACT). Mr Booth was acquitted on a charge of aggravated burglary by a jury. He subsequently applied for a stay of the transfer charge of minor property damage. The application for a stay was dismissed: see R v Booth [2021] ACTSC 226.
The background facts are those that I found in sentencing Melanie Booth: see R v Booth [2021] ACTSC 223 at [7]-[17].
In these reasons I will refer to people by their first names. This is how they were referred to in the trial. I do not intend any disrespect to them by referring to them in this informal way.
The allegation of the Crown is that the accused damaged the front door of the house where Desi Connors and her family lived. There is no doubt that the door was damaged. Amongst other evidence was the evidence of Sergeant Lowrencev who said that the door had a hole in the centre of it and that it was unable to be secured. Evidence of the requirement to have the door replaced because it had a big hole in it was also tendered.
The evidence linking the accused to damage to the door was that of the occupants of the house. That evidence was inconsistent with the evidence given by Deanne Booth.
Evidence and assessment of witnesses
Desi Connors
Desi’s evidence was that there had been an altercation between Melanie Booth and MD at the front door. Desi arrived and attempted to shut the front door. People outside, who she identified as Deanne Booth, Richard Booth, Tiam Fisher (also known as Maloney), Sharneisha Booth and Bonnie Booth, were pushing against it. Tiam somehow got in the door before it was closed. Desi managed to lock the door. She saw Tiam going towards Michael Shannon and pushing him. She then said “At that time, I turned around, [ND] was standing behind - like, one of the door and then the next minute the door goes flying, swinging straight open. And then when I turned around and, like, seen that, that’s when I saw Richie standing at the door when the door swung…
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- R v Booth (No 2) [2021] ACTSC 255
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CaseChat Overview and Summary
The primary legal issue before the court was whether the prosecution had proven beyond reasonable doubt that Mr Booth damaged the property. The court had to assess the credibility and consistency of the witnesses' testimonies, particularly those of Desi Connors and her children, LD, MD, and ND. The court also had to consider the evidence provided by Deanne Booth, Mr Booth's sister, who claimed he was on the bus and did not participate in the incident. Additionally, the court needed to address the possibility that another unidentified person could have caused the damage to the door.
Justice Mossop concluded that the evidence, particularly Desi Connors' testimony, was reliable and corroborated by other witnesses, establishing that Mr Booth was present at the scene and involved in the damage to the door. The court found that the damage occurred after Tiam had entered the house and before the door swung open to reveal Mr Booth standing there. The inference that Mr Booth was responsible for damaging the door sufficiently to cause it to swing open was deemed reasonable based on the evidence presented. The court rejected the suggestion that Deanne Booth or any other identified person was responsible for the damage, and the possibility that an unidentified person caused the damage was excluded beyond reasonable doubt.
In light of these findings, the court found Mr Booth guilty of damaging property. The court determined that the damage did not exceed $5000 and that Mr Booth was reckless about destroying or damaging property. Consequently, Mr Booth was held accountable for his actions under the relevant section of the Crimes Act 1900 (ACT).
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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