R v Coxon

[2002] SASC 165

R  v  COXON
[2002] SASC 165

Court of Criminal Appeal: Prior, Lander and Gray JJ

1. PRIOR J:              This is an appeal against a conviction for armed robbery.

2. On Monday, 22 January 2001 Mr Potter was robbed of $6000.  He was in a side street outside McDonalds Restaurant on Magill Road, Trinity Gardens.  He was about to get into his car to take the day’s takings to a bank.  The robber came up from behind Mr Potter.  He pushed him into his car, causing Mr Potter to drop his moneybag.  The robber grabbed the bag and ran off.

3. The robbery occurred at about 3 o’clock in the afternoon.  Mr Potter’s evidence was that it was a longstanding practice for the day’s takings to be banked by the manager at about this time.  The prosecution sought to rely upon the fact that this practice would be known to people who had worked at McDonalds.

4. It was also part of the prosecution’s case that past or current employees of McDonalds would be aware of the practice of employees to park down a side street off Magill Road.  Mr Potter had parked his car in the side street and was there when the robbery occurred.

5. Two witnesses in the trial, Mr Varsamidis and Ms Ross had also parked down the side street just before the robbery.  As they walked to the restaurant they saw a male person crouching down behind some bushes.  Their evidence was that this person was wearing a beanie, sun-glasses, a long sleeved top and baggy pants.  This was a little unusual given that the day was hot.  They were inside the restaurant for about half an hour.  When they came out, the overdressed man was still crouching where they had seen him on the way in.  The couple drove off up Magill Road to a shop.

6. About fifteen minutes later they came back along Magill Road to see the person they had seen squatting behind the bushes run across Magill Road with a black bag under his arm.  They saw a man in pursuit.  The man was Mr Potter.

7. Mr Varsamidis did a u‑turn, picked up Mr Potter and pursued the man down a side street.  He caught up with the robber and stopped the car.  Mr Potter got out of the car to catch the thief.  Potter’s evidence was that when he was about two metres from the robber he recognised him as Oscar Coxon, a man who had gone to the same high school as Mr Potter and who had worked at the Trinity Gardens McDonalds some four months before the day of the robbery.  Mr Potter’s evidence was that the appellant had been a trainee manager at the store for a short time and that during that time Potter saw him regularly.

8. Potter’s evidence was that he used the appellant’s Christian name to ask him what he was doing and to give the money back.  The robber then gave the money back to Potter and left.

9. Mr…