SUPREME COURT OF SOUTH AUSTRALIA
(Court of Criminal Appeal)
R v BRIDGLAND
[2014] SASCFC 80
Judgment of The Court of Criminal Appeal
(The Honourable Justice Gray, The Honourable Justice Sulan and The Honourable Justice Bampton)
22 July 2014
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MANSLAUGHTER
CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - DEFENCE OF PERSONS OR PROPERTY - GENERALLY
CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - DEFENCE OF PERSONS OR PROPERTY - REASONABLE BELIEF IN NECESSITY OF RESPONSE
CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - DEFENCE OF PERSONS OR PROPERTY - ACCUSED ORIGINAL AGGRESSOR
CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - DEFENCE OF PERSONS OR PROPERTY - DEFENCE OF ANOTHER
Appeal against conviction for manslaughter. The defendant’s associates were engaged in a fight in a hotel car park with the deceased. The defendant approached the scene and was punched at by the deceased. The defendant then punched the deceased in the head, killing him.
Whether the Judge erred in finding that the defendant was not in danger before entering the fight. Whether the Judge erred in finding that self defence was negated by the defendant leaving his position of safety, thereby becoming a willing combatant. Whether the Judge adequately addressed the deceased’s aggression towards the defendant. Whether the Judge erred in finding that the defendant was not acting in defence of another.
Held per the Court granting permission but dismissing the appeal:
1. The Judge’s factual findings were fully supported by the evidence.
2. The Judge did not err in his consideration of the issue of self defence.
3. The Judge did not err in his consideration of the issue of defence of another.
4. There was no risk of there having been a miscarriage of justice.
Criminal Law Consolidation Act 1935 (SA) s 13, s 15 and s 15A, referred to.
R v Fricker (1986) 42 SASR 436; R v Nguyen (1995) 36 NSWLR 347; Morgan v Colman (1981) 27 SASR 334; Zecevic v Director of Public Prosecutions (Victoria) (1987) 162 CLR 645; Palmer v R [1971] AC 814, considered.
R v BRIDGLAND
[2014] SASCFC 80Court of Criminal Appeal: Gray, Sulan and Bampton JJ
THE COURT
This is an appeal against conviction.
Background
The defendant and appellant, Jason Graham Bridgland, was jointly charged with Alex George Winter and a youth, ATS, with the offence of manslaughter relating to the death of Henk Van Oosterom in the car park of the Old Bushman Hotel in Gawler in the early hours of 1 September 2012.[1] The deceased was a stranger to the defendant and his co-accused. The prosecution case was that the defendant was the principal offender. It was said that he punched the deceased to the left side of the head, causing his death. The co-accused were allegedly parties…
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- AGLC
- R v Bridgland [2014] SASCFC 80
- Case
- [2014] SASCFC 80
- Decision Date
CaseChat Overview and Summary
The central legal issue before the appellate court was whether the trial judge erred in his consideration of the defence of self-defence, or alternatively, the defence of another. While the defence of another was faintly argued, the primary focus of the appeal was on the assessment of self-defence.
The appellate court, comprising Gray, Sulan, and Bampton JJ, granted permission to appeal but ultimately dismissed the appeal. The court found that the trial judge did not err in his findings of fact or in his consideration of the issue of self-defence or the defence of another. Consequently, the court concluded that the appellant had not established any risk of a miscarriage of justice.
Orders
Orders of the court
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Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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