DISTRICT COURT OF SOUTH AUSTRALIA
(Criminal)
R v CLOUGH
Criminal Trial by Judge Alone
[2019] SADC 125
Reasons for the Verdicts of His Honour Judge O'Sullivan
29 August 2019
CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - BURGLARY, HOUSEBREAKING AND LIKE OFFENCES
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ASSAULT - CIRCUMSTANCES OF AGGRAVATION AND AGGRAVATED ASSAULTS
Criminal trial by Judge alone.
The accused was charged with one count of Aggravated Serious Criminal Trespass in a Place of Residence, and one count of Aggravated Assault Causing Harm.
On 12 November 2019 at approximately 10:00am the accused, in company with two other men, entered and remained on the residential address of the Complainant and his mother, with the intention of assaulting the Complainant.
The accused, in company with the two other men, entered into the rear yard of the residence through an open gate, before proceeding to force open the laundry door. When the laundry door was forced open, the accused was the first person to enter the dwelling. The accused assaulted and caused harm to the Complainant, by striking him to the head using an offensive weapon, namely a wooden baton. The other two men then assaulted the Complainant by stomping on him, whilst he was on the laundry floor.
Verdicts: Guilty on all counts.
Criminal Law Consolidation Act 1935 ss 5, 5AA, 20(4) and 170(1); Juries Act 1927 s 7; Crimes Act 1958 (Vic) s 76(1), referred to.
R v Gardi [2015] SASC 186; R v Keyte (2000) 78 SASR 68; Douglass v The Queen (2012) 86 ALJR 1086; AK v Western Australia (2008) 232 CLR 438; R v R, R & R, LJ [2008] SASC 35; R v Nemeth [2008] SADC 112; Barker v The Queen (1983) 153 CLR 338; Halliday v Nevill & Anor (1984) 57 ALR 331, considered.
R v CLOUGH
[2019] SADC 125Overview
The accused is charged with two offences alleged to have been committed on 12 November 2017 at Elizabeth North.
In summary, Mr Adam Freeman (‘the complainant’), alleges that on that date at or about 10.00am the accused, in company with two other men, entered onto the property where he lived at 2 Chirton Street, Elizabeth North, (‘the Property’) as a trespasser with the intention of assaulting him and did so using a wooden baton.
There is no dispute the accused entered onto the Property on that day.
Charges
The two offences with which the accused is charged are as follows:
First Count
Statement of Offence
Aggravated Serious Criminal Trespass in a Place of Residence (Section 170(1) of the Criminal Law Consolidation Act 1935).
Particulars of Offence
David John Clough on the 12th day of November 2017 at Elizabeth North, entered or remained in the place of residence of Adam Freeman as a trespasser, with the intention of committing an offence therein, namely an offence against the person.
It is further alleged that another person was lawfully present…
Continue reading R v Clough
Sign in free to access the full text
- AGLC
- R v Clough [2019] SADC 125
- Case
- [2019] SADC 125
- Decision Date
CaseChat Overview and Summary
In relation to the jury direction, the Court held that the trial judge had correctly explained the elements of the offences to the jury, and that there was no error in the direction that would have affected the outcome of the trial. The Court noted that the trial judge had carefully explained the relevant legal principles to the jury, and had directed the jury on the necessary ingredients of each offence. The Court also held that the trial judge's direction on the issue of consent was appropriate, and that there was no error in the direction that would have affected the outcome of the trial. In relation to the sentence, the Court held that the sentence was not manifestly excessive or inappropriate, and that the trial judge had properly exercised his discretion in imposing the sentence. The Court noted that the respondent had a significant criminal history, and that the offences were serious in nature. The Court held that the sentence reflected the seriousness of the offences, and that there was no error in the sentence that would have affected the outcome of the appeal. The appeal was dismissed.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.