R v BRADLEY O’MEARA
[2009] ACTSC 122 (18 September 2009)
CRIMINAL LAW - trial by judge alone – assault occasioning actual bodily harm – self defence – accused the original aggressor – whether the accused believed upon reasonable grounds it was necessary in self defence to do what he did – disproportionate use of force – finding of guilt
Supreme Court Act 1933 (ACT), s 68C
Zecevic v Director of Public Prosecutions (Vic) (1987) 162 CLR 645
R v McKay [1957] VR 560
R v Falla [1964] VR 78
Morgan v Colman (1981) 27 SASR 334
No. SCC 395 of 2008
Judge: Higgins CJ
Supreme Court of the ACT
Date: 18 September 2009
IN THE SUPREME COURT OF THE )
) No. SCC 395 of 2008
AUSTRALIAN CAPITAL TERRITORY )
THE QUEEN
v
BRADLEY O’MEARA
ORDER
Judge: Higgins CJ
Date: 18 September 2009
Place: Canberra
THE COURT ORDERS THAT:
A verdict of guilty be entered.
On 9 June 2009, the accused, Bradley O’Meara pleaded not guilty to a count in an indictment dated 18 November 2008 charging that he –
… on the 20th day of May 2008 at Canberra … assaulted Annette Maree Haber and thereby occasioned to her actual bodily harm.
On 13 May 2009 the accused elected for trial by judge alone. A trial date of 25 August 2009 was set on 27 July 2009 and the trial proceeded before me accordingly.
My role, therefore, in accordance with s 68C of the Supreme Court Act 1933 (ACT), is not only to make rulings as to law and procedure but also to make such findings of fact as a jury would make.
The principles of law governing the fact finding role of a jury are equally applicable to a judge trying a case such as this without a jury.
First and foremost the onus of proof of the guilt of the accused rests upon the prosecution. It never shifts to the accused. Each and every element of the offence must be proved beyond reasonable doubt. The accused also has the benefit of the presumption of innocence. That presumption extends to the assessment of evidence in that a favourable inference is to be preferred to an adverse one if the former is open.
The elements of this offence are first, that the accused assaulted the complainant, Annette Maree Haber. In the context of this case, that means that the prosecution must prove that the accused applied force to the complainant without her consent and without any other legal justification. That force must be proved to have been applied intentionally knowing that there was no such justification.
In the present case, the accused has raised an issue whether the force he used was used in self-defence.
Self-defence renders an application of force lawful. The test, as adopted by the High Court in Zecevic v Director of Public Prosecutions (Vic) (1987) 162 CLR 645 asks whether at the time the accused used force against the complainant he believed, on reasonable…
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CaseChat Overview and Summary
The court considered whether O’Meara genuinely believed he was in danger and that his response was necessary for self-defence. The judge examined the circumstances leading up to the incident, the nature of the assault, and whether the force used by O’Meara was disproportionate to the threat he perceived. The court also looked into whether O’Meara could have reasonably retreated from the situation or used less force. Ultimately, the judge found that O’Meara’s belief in the necessity of his actions was not reasonable given the circumstances, and that the force used was disproportionate to the threat he faced.
As a result, the court found O’Meara guilty of assault occasioning actual bodily harm. The judge entered a verdict of guilty, reflecting the conclusion that O’Meara’s actions were not justified under the doctrine of self-defence.
Orders
Orders of the court
A verdict of guilty be entered.
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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