SUPREME COURT OF SOUTH AUSTRALIA
(Criminal)
R v BRIDGLAND, ATS AND WINTER
Criminal Trial by Judge Alone
[2013] SASC 203
Judgment of The Honourable Justice Peek
20 December 2013
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MANSLAUGHTER - OTHER ACTS OR OMISSIONS RESULTING IN DEATH
CRIMINAL LAW - EVIDENCE - IDENTIFICATION EVIDENCE
CRIMINAL LAW - EVIDENCE - IDENTIFICATION EVIDENCE - MODES OF IDENTIFICATION - CIRCUMSTANTIAL EVIDENCE
CRIMINAL LAW - EVIDENCE - MATTERS RELATING TO PROOF - STANDARD OF PROOF - CIRCUMSTANTIAL EVIDENCE - GENERALLY
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 - DEFENCE OF ANOTHER
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 - EXCESSIVE FORCE
CRIMINAL LAW - GENERAL MATTERS - ANCILLARY LIABILITY - COMPLICITY - COMMON PURPOSE - GENERALLY
Criminal trial by Judge alone. The three accused were charged with manslaughter relating to the death of a man in the car park of a Hotel during the early hours of 1 September 2012. Each accused pleaded not guilty. The accused and the deceased were patrons of the Hotel but the deceased was otherwise a stranger to each of the accused. The prosecution case against Bridgland was that he was the principal offender and that Bridgland punched the deceased to the left side of his head which caused his death. Both ATS and Winter were alleged to have been parties to a joint criminal enterprise with Bridgland to assault the deceased in such a way as to expose the deceased to an appreciable risk of serious injury.
Held (Peek J):
1. Bridgland is guilty of manslaughter as a principal offender. The prosecution proved beyond reasonable doubt that the person who punched the deceased causing him to fall to the ground, as depicted in the CCTV recorded visual material, was the accused Bridgland. The punch was a deliberate and voluntary act. It was a dangerous act in that it exposed the deceased to an appreciable risk of serious injury. It was an unlawful act in that the prosecution negated beyond reasonable doubt that Bridgland was acting in self defence or defence of another when he punched the deceased.
2. ATS is not guilty of manslaughter. The prosecution did not prove beyond reasonable doubt its case that ATS was present in the car park when Bridgland punched the deceased causing the deceased's death and did not prove beyond reasonable doubt that there was any agreement, express or implied, between ATS and Bridgland to assault the deceased in such a way as to expose the deceased to an appreciable risk of serious injury.
3. Winter is…
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- Case
- [2013] SASC 203
- Decision Date
CaseChat Overview and Summary
The legal issues the court needed to decide included whether Bridgland acted in self-defence or in defence of another, and whether the second and third accused were parties to a joint criminal enterprise with Bridgland to assault the deceased. The court considered the post-mortem examination, CCTV footage, and evidence from witnesses to determine the circumstances leading up to the fatal blow.
The court concluded that Bridgland was present inside the hotel premises prior to the incident in the eastern car park. CCTV footage and witness testimonies established his presence. The court found that the prosecution had not proven beyond reasonable doubt that Bridgland acted in self-defence or in defence of another. The court also found that there was insufficient evidence to establish that ATS and Winter were parties to a joint criminal enterprise with Bridgland. As a result, the court found Bridgland and ATS not guilty of manslaughter.
The final orders of the court were that Winter was acquitted, and Bridgland and ATS were found not guilty of manslaughter.
Orders
Orders of the court
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Background
Background to the litigation
Evidence
Evidence Before The Court
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
Established by: PEEK J
Jason Graham Bridgland (Bridgland), ATS (a youth as at 1 September 2012) and Alex George Winter (Winter) were charged with the offence of manslaughter. The particulars of the charge against each accused were that on 1 September 2012 they unlawfully killed Henk Van Oosterom (the deceased). Upon their arraignment the accused each pleaded not guilty and the trial proceeded before me sitting as a Judge alone. On Tuesday, 10 December 2013, following the completion of the final addresses by counsel for each of the accused, I found Winter not guilty and acquitted him. I reserved judgment in respect of Bridgland and ATS. My verdicts in relation to Bridgland and ATS, and reasons for verdict in relation to all three accused persons, follow.Order of consideration I will consider matters in the following order.1Introduction2Directions as to the law generally3The post mortem examination of the deceased4The Old Bushman Hotel and the surrounding environs5The police investigation6The prosecution case against Bridgland7 Did Bridgland act in self defence or in defence of another?8The prosecution case against ATS9Reasons for the previous acquittal of Winter10Formal verdictsAppendix: Agreed facts1. INTRODUCTION In the early hours of 1 September 2012, a Dutch national, Henk Van Oosterom (the deceased) fell to the ground in the eastern car park of the Old Bushman Hotel at Gawler immediately after having been struck by a blow to the left side of his head. He was unable to return to his feet and subsequently died from his injuries on 4 September 2012. The prosecution alleged that the accused Bridgland inflicted that blow and that the second and third accused were parties to a joint criminal enterprise with Bridgland to assault the deceased in such a way as to expose him to an appreciable risk of serious injury. Events leading up to the striking of that blow were the subject of oral evidence and also recorded visual material taken by a number of linked CCTV cameras inside and outside of the Hotel, including a camera in the eastern car park, the recorded visual material from which was admitted as exhibit P6. The locations of the various cameras appear in exhibits P37 and P36, a memorandum of facts agreed as between all three accused and the prosecution and which is attached as an appendix to these reasons. As stated at paragraphs 15 to 17 of exhibit P36, the cameras imbed a continuous time clock on all of the recorded visual material and this time is uniform for all of the cameras (to be referred to as the “imbedded time”). It is to be noted that this imbedded time is not synchronised with true South Australian time. However, although that might be important in some cases, it is not here.[1] [1] One may bear in mind that times given by attending police officers would be given by reference to true South Australian time rather than “imbedded time” but as it transpires any difference is not material to the issues in the present case. On viewing any of the recorded visual material, one notes that the imbedded time is expressed in hours, minutes and seconds. It is possible to stop the recorded visual material and then advance it forward in increments of less than one second corresponding to individual clicks on the hardware. At trial, this was often referred to as advancing by “frames”, although the concept of a frame is now entirely foreign to digitally recorded material. For want of a more helpful term, one may nevertheless refer to “frames” in the sense of the recorded visual material being stopped at a point anywhere within a one second increment.