R v Crawford - [2016] ACTSC 349

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:	R v Crawford
Citation:	[2016] ACTSC 349
Hearing Date:	18 October 2016
DecisionDate:	25 November 2016
Before:	Burns J
Decision:	The application to lead coincidence evidence is refused. The application to sever the indictment is refused.
Catchwords:	CRIMINAL LAW – Particular Offences – offences against property – theft – burglary – aggravated burglary – riding motor vehicle without consent – damaging property. EVIDENCE – Judicial Discretion to Admit or Exclude Evidence – application to lead coincidence evidence – where the issue in trial will be identification of accused – prejudicial effect outweighs probative value – application refused. EVIDENCE – Judicial Discretion to Admit or Exclude Evidence – application to sever the indictment – election for trial by judge – election reduces prejudice – application refused.
Legislation Cited:	Evidence Act 2011 (ACT) ss 98, 101
Parties:	The Queen (Crown) Peter Crawford (Accused)
Representation:	Counsel Ms K Mackenzie (Crown) Mr J Sabharwal (Accused)
Solicitors ACT Director of Public Prosecutions (Crown) Aboriginal Legal Service NSW/ACT (Accused)
File Numbers:	SCC 27 of 2016; SCC 83 of 2016; SCC 153 of 2016

BURNS J:

The accused is awaiting trial on 3 charges of burglary, 10 charges of aggravated burglary, 12 charges of theft, 3 charges of riding a motor vehicle without consent and 1 charge of damaging property. His trial is due to commence next Tuesday, 29 November 2016.

By an application in proceeding the Crown seeks the following orders:

That the evidence of events 1 to 17 inclusive, counts 1 to 29 on the indictment dated 29 August 2016, is admissible as coincidence evidence in relation to each other, as outlined in the AMENDED Notice to Adduce Coincidence Evidence dated 6 September 2016.

The grounds upon which this order is sought are:

1.That the evidence is admissible as coincidence evidence;
2.That the probative value of the evidence substantially outweighs any prejudicial effect it may have on the respondent.

The Amended Notice of Intention to Adduce Coincidence Evidence (the Notice) sets out 17 “events”, some of which relate to specific charges against the accused, about which the Crown proposes to call evidence in order to prove that, because of the improbability of the events occurring coincidentally the accused committed the offences with which he is charged. A copy of the description of the events as they appear in the Notice is Annexure A to these reasons.

The issue of the identification of the accused as the person who committed the charged offences is clearly central to this matter. In the Notice, the Crown provided the following particulars of the evidence which will be relied upon to establish the identity of the accused as the offender:

Identification of the accused:
Forensics
·     11.3.2015, the accused fingerprint was found (Montessori Villa)
·     11.4.2015, the accused DNA (St Josephs, O’Connor)
·     08.5.2015, the accused tattoo matched to CCTV at Gods Cafe
·     31.05.15, the accused DNA profile found inside a glove worn by offender (at Turner RUC)
·     15.6.2015, the accused fingerprints on Label printer (label printer taken 15.6.2015, and found 24.6.2015 in red Audi)

CCTV
The accused is clearly observed and recognised in similar incidents on the following days:
·     8.5.2015, Gods Cafe and Bar
·     21.5.2015, Southern Cross Yacht Club
·     6.6.2015, 3 Sydney Avenue, Barton
·     8.6.2015, 3 Sydney Avenue, Barton
·     8.6.2015 Floresco in the Gardens Cafe
·     11.6.2015, surveillance footage of stolen red Audi
·     11.6.2015, Chisholm Viking Club
·     14.6.2015, CCTV footage of stolen red Audi
·     14.6.2015, Two Sisters Restaurant
·     15.6.2015, CCTV footage of stolen red Audi
·     15.6.2015, Kingswim, Calwell
·     15.6.2015, Coffee Guru, Bonner

A witness who has known the accused for over five years viewed the CCTV footage and recognised the accused in all CCTV but Floresco in the Gardens and Coffee Guru.
Similar description (key points)
·     All CCTV footage, from 12 events, shows a person who can be described as having dark skin, dark hair, average build, average height.
·     Jacket with fur lined hood observed in Gods Cafe (8.5.2015), Southern Cross Yacht Club (21.5.15) Turner RUC (31.05.15).
·     Jacket with diamond stitching observed in two sisters restaurant (14.6.2015), Kingswim (15.6.15), Coffee Guru (15.6.15). Seized at arrest.
·     Nike NT Joggers (red tongue and base, with white stripes on side) observed in all matters except the first three incidents (between 11.3.15 and 8.5.15). Observed wearing by police on 23.5.15 and seized at arrest.
·     Chicago Bulls hat or hat described as a fitted cap with a sticker on the top of the brim observed at Gods Cafe (8.5.2015), Southern Cross Yacht Club (21.5.15), Kingswim (15.6.15) and Coffee Guru (15.6.15). Observed wearing by police on 23.5.15 and seized at arrest.
·     Metallic watch seized at arrest observed at Gods Cafe (8.5.2015), two sisters restaurant (14.6.2015), Kingswim (15.6.15) and Coffee Guru (15.6.15).
·     Observed riding in vehicle described as a red Audi or red new sports car or [redacted for legal reasons] on 10-11.6.2015 and 14.6.15 and 15.6.16 [sic].

These are the key components of coincidence evidence the Crown intends to leave [sic]. There is further evidence of similar modus operandii in relation to the method of entry and tools used and other items of clothing observed at the incidents.
Similar modus operandii
The accused was observed riding in a Red Audi connected to the offences in the following events:
·     Event 12: 10.6.2015 – 11.6.2015 observed exiting car; car observed fleeing Chisholm Vikings Club burglary
·     Event 13: 11.6.2015 observed getting into car and attending Erindale Vikings Club
·     Event 14: 14.6.2016 [sic] car observed in CCTV footage at two sisters restaurant burglary; accused observed getting out of car.
·     Event 17: 15.6.2016 [sic] car observed at Coffee Guru burglary. Accused observed committing Coffee Guru burglary in CCTV footage.
·     In all offences where CCTV is available, there is at least one co-offender.
·     All offences either the accused is seen with a ‘jimmy bar’ or forensics indicate a flat blade instrument was used to lever open doors.
·     The accused uses only one glove on his right hand in 4 of the events.

The relevant provisions of the Evidence Act 2011 (ACT) are:

98The coincidence rule
(1)Evidence that 2 or more events happened is not admissible to prove that a person did a particular act or had a particular state of mind on the basis that, having regard to any similarities in the events or the circumstances in which they happened, or any similarities in both the events and the circumstances in which they happened, it is improbable that the events happened coincidentally unless–
(a)the party seeking to present the evidence gave reasonable notice in writing to each other party of the party’s intention to present the evidence and
(b)the court thinks that the evidence will, either by itself or having regard to other evidence presented or to be presented by the party seeking to present the evidence, have significant probative value.
NoteOne of the events referred to in s (1) may be an event the happening of which is a fact in issue in the proceeding.
...

101Further restrictions on tendency evidence and coincidence evidence presented by prosecution
(1)This section applied only in a criminal proceedings and applies in addition to section 97 (The tendency rule) and section 98 (The coincidence rule).
(2)Tendency evidence about a defendant, or coincidence evidence about a defendant, that is presented by the prosecution cannot be used against the defendant unless the probative value of the evidence substantially outweighs any prejudicial effect it may have on the defendant.
...

In its written submission the Crown summarised the similarities between the events as follows:

The similarities relied on are as follows:
a)The description of the offenders
b)Multiple DNA matches
c)Recognition evidence
d)Similar tools used or observed in all incidents
e)Presence of the red Audi [redacted for legal reasons]

The description of the offender
The description of the offenders bore a number of similarities:
·     Dark skin
·     Average build
·     Dark hair short on sides and longer at the back, curly

Multiple DNA/fingerprint matches
·     Event 1 on 11 March 2015 at Montessori Village Preschool. Fingerprint of respondent found on a tin that had been moved during burglary
·     Event 2 in [sic] 11 April 2015 at St Josephs Early Learning Centre, the respondent DNA is matched to a profile obtained from scissors used to break open a cabinet
·     Event 6 on 31 May 2015 at the Turner Rugby Union Club, the respondent DNA is matched to a profile taken from the inside of a glove taken off by an offender during the robbery
·     Events 13, 14 and 16 on 24 June 2015, the respondent fingerprint is found in the red Audi [redacted for legal reasons] on a printer taken from sound advice on 15 June 2015.

Recognition evidence
· Constable Simoes recognised the respondent in the CCTV of events 15, 14, 4 and 3.

Similar tools are used or observed in most incidents
· A flat bladed tool is used to enter premises in event [sic] 2, 3, 10
· A jimmy bar/large metal bar is observed in events 17, 16, 15, 14, 12, 8, and 4

Presence of a red Audi [redacted for legal reasons]
·     Red Audi [redacted for legal reasons] is stolen on 10 June 2016 [sic].
o    [Red Audi] is seen in by a fixed speed camera on 11 June 2016 [sic]
o    Shortly after a red sports car is seen leaving Chisholm Vikings Club, leaving behind the key ring from [Red Audi]
o    In the after of 11 June 2015 the respondent is seen by ACT police surveillance getting out of [Red Audi]
o    On 14 June 2015 CCTV footage of event 14 (Two Sister Restaurant) shows a person matching the respondent description getting out of [Red Audi]
o    On 15 June 2015 a red sports car is seen at the Coffee Guru burglary (event 17).
o    On 24 June 2015 [Red Audi] is recovered, a printer stolen from sound advice (event 16) is found in the boot of the car with the respondent fingerprint on it.

The Crown prepared a spreadsheet setting out the various similarities it asserts are to be found in the various events set out in the Notice. I will not set out the spreadsheet here, but I will observe that while there are similarities between some circumstances regarding some events, not all events have common similarities. In some cases, there are dissimilarities between circumstances relating to different events. It would require a lengthy and time consuming deconstruction of each of the events and the relevant similarities and differences in order to fully reveal the similarities and differences, but in my opinion the benefits of such an exercise are not commensurate with the time it would require.

I have carefully considered the material placed before me by the Crown. The final decision is, however, ultimately based upon a judgment of the Court. I accept that the proposed coincidence evidence is relevant to establishing a fact in issue, being the identity of the offender with respect to the charges before the Court. I am also satisfied that the evidence has significant probative value. The evidence is likely to have a quite substantial prejudicial effect, and I am not satisfied that the probative value of the evidence substantially outweighs any prejudicial effect the evidence may have on the accused.

10. The application will be refused.

11. At the time of hearing the application to lead coincidence evidence, the accused also applied to have Count 9 severed from the indictment in the event that the Crown application was unsuccessful. At that time the matter was to proceed as a jury trial. The accused has now completed and lodged an election for trial by judge alone. This reduces any potential prejudice to the accused in having all charges tried together. In addition, even though the application to lead coincidence evidence has been refused, there are still common witnesses, and common facts which may be proved in the various charges. The application to sever the indictment is refused.

I certify that the preceding eleven [11] numbered paragraphs are a true copy of the Reasons for Judgment of his Honour Justice Burns.

Associate:

Date: 25 November 2016

"ANNEXURE A,,
Event 1 (Counts 1 and 2) - Montessori Villa Preschool
(a)Substance of the evidence:
At about 4.00 pm on Tuesday, 10 March 2015, Ms Julie Dalgliesh, the teacher-in charge of the Montessori Villa Preschool, locked and alarmed the premises before leaving for the evening. At about 6.40 am on Wednesday, 11 March 2015, Wilson Security received notification of multiple alarm activations within the Villa. Ms Dalgliesh returned to the Villa at about 7.30 am that morning and noticed that one of the front glass doors was smashed and a second door was wide open. Upon entering the Villa, she observed that the office had been ransacked and two locked filing cabinets had been forced open. Ms Dalgliesh established that a number of items were missing from one of the locked filing cabinets. She also observed that a Hewlett Packard Pro book laptop was missing from one of the office desks.
AFP Forensics attended the scene and lifted a latent fingerprint from a metal cylinder tin on the floor in the office. This tin had been in a desk draw the previous night. This fingerprint was later identified as being from the right middle finger of Peter Crawford, the accused.
(b)(i)Particulars of the date, time, place and circumstances at or in which the conduct occurred:
Between about 6.30 am and 7.30 am on 11 March 2015 at Montessori Villa Preschool, 38 Loftus Street, Yarralumla, ACT.
(b)(ii) Particulars of the names of each person who saw, heard or otherwise perceived the conduct:
Julie Dalgliesh
Julie Bassett Adrian Hock
Forensic Member P SPRYSZYNSKI
Forensic Member J STONE
Forensic Member P HERD
Forensic Member B Scott
Event 2 (Counts 3 and 4) - Saint Joseph's Early Learning Centre
(a)Substance of the evidence:
At about 6.00pm on Friday, 10 April 2015, the Saint Joseph's Early Learning Centre was locked and alarmed for the evening. At about 1.34am on Saturday, 11 April 2015, a security member attended Saint Joseph's Primary School in response to multiple alarm activations. The security member did not check the early learning centre and therefore did not realise it had been broken into. At about 8.00am on Monday 13 April 2015, staff arrived at the. early learning centre and observed it had been broken into it. The centre's Director, Ms Molly Henson, observed the office had been ransacked and that three Apple iPads were missing from a cupboard within it.
AFP forensics attended the centre and conducted an examination during which DNA was lifted from the handles of a damaged pair of scissors located on the floor next to a filing cabinet in the office. These scissors were confirmed as belonging to the centre and had been left in a stationary cup on a desk. It appeared the scissors had been used to force open the locked filing cabinet which caused damage to the scissors and the cabinet. Analysis concluded that it is 100 billion times more likely that the major component of the DNA profile found on the scissors originated from the accused, Peter Crawford, than from another unknown, unrelated individual from the Australian Caucasian population.
(b)(i)Particulars of the date, time, place and circumstances at or in which the conduct occurred:
At about 1.00 am on 11 April 2015 at Saint Joseph's Early Learning Centre, Boronia Drive, O'Connor, ACT.
(b)(ii) Particulars of the names of each person who saw, heard or otherwise perceived the conduct:
Molly Henson
Forensic Member P SPRYSZYNSKI
Forensic Member J STONE
Forensic Member P HERD
Forensic Member B Scott
Event 3 (Count 5) - God's Cafe and Bar
(a)Substance of the evidence:
At about 6.30pm on Thursday, 7 May 2015, Mr Jie Min, the owner of The Gods Cafe and Bar, locked and alarmed the premises before leaving for the evening. At about 6.12 am on Friday, 8 May 2015, Mr Min received a phone call from Security One advising that the cafe's alarm had been activated.
CCTV footage later obtained from the cafe shows two persons approaching the premises at 6.09 am that day. One of these persons enters the building by forcing open the side door. This person is described as male, Aboriginal in appearance, of average height and build, with a thick dark tattoo on his left wrist resembling a snake. The man was wearing three-quarter length pants, a dark jacket with a brown fur-lined hood, Nike brand shoes, a metallic watch on his left wrist, a cap with a gold sticker on the top of the brim and a bike helmet with black markings. This man is seen in the footage searching through the cash register in the bar area before entering the back room and looking through the kitchen. The man then left the cafe.
In photographs later taken of the accused, Peter Crawford, during a forensic procedure, he is seen to have a dark coloured snake tattoo on his left wrist similar in appearance to the tattoo on the wrist of the male in the CCTV footage.
Constable Diana Simoes viewed the footage and recognised the accused.
(b)(i)Particulars of the date, time, place and circumstances at or in which the conduct occurred:
Between about 6.09 am and 6.12 am on 8 May 2015 at The Gods Cafe and Bar,
North Road, Acton, ACT.
(b)(ii) Particulars of the names of each person who saw, heard or otherwise perceived the conduct:
Jie Min
Constable Simoes
Constable Diana Simoes
CCTV footage
Event 4 (Counts 6, 7 and 8)- Southern Cross Yacht Club
(a)Substance of the evidence:
At about 11.00pm on Wednesday, 20 May 2015, the Southern Cross Yacht Club was locked and alarmed at the close of business. About 3.34 am on 21 May 2015, S1 Security received notification of an alarm activation from within the club. CCTV footage shows two males accessing the lower storage area at 3.21 am.
One of these males is described as being of average height and build with dark curly hair. This man was wearing three-quarter length pants, a dark jacket with a brown fur-lined hood, grey shoes with a bright reddish tongue and a light grey and red Chicago Bulls cap with a gold sticker on the top of the brim. He is seen to be wearing a dark coloured glove on his right hand but no glove on his left hand. The man was covering the lower half of his face below his nose with a black bandanna. He was carrying a black bag and a black bum bag with a large white Nike logo across it. He was also carrying a long thin metal implement.
This man and his companion are seen in the footage searching through the bar and dining area on the upper level of the club. The man then attempts to force entry to a locked office on the upper level by kicking the door. A number of items are taken from the upper and lower floors. Both males exit before a security member attends and walks through the club.
Constable Diana Simoes viewed the footage and recognised the accused.
(b)(i)Particulars of the date, time, place and circumstances at or in which the conduct occurred:
Between about 3.20 am and 3.30 am on 21 May 2015 at the Southern Cross Yacht Club, Mariner Place, Yarralumla, ACT.
(b)(ii)Particulars.of the names of each person who saw, heard or otherwise perceived the conduct:
Simon Plummer
Aaron Whittaker
Constable Diana Simoes
CCTV footage
Event 5 -Fawkner Street, Braddon
(a)Substance of the evidence:
At about 12.25 pm on Saturday, 23 May 2015, Police were conducting a mobile patrol of Fawkner Street, Braddon when they observed a male riding a Giant brand mountain bike without a helmet. Police stopped and spoke with the male who identified himself as the accused, Peter Crawford. Police observed that the male was wearing dark grey Nike TN shoes with a bright reddish tongue, a light grey and red Chicago Bulls fitted cap with a gold sticker on the top of the brim, a black bum bag with a large white Nike logo across it and a dark grey bike helmet with black markings.

(b)(i)Particulars of the date, time, place and circumstances at or in which the conduct occurred:
At about 12.25 pm on Saturday, 23 May 2015, at Fawkner Street, Braddon, ACT.
(b)(ii) Particulars of the names of each person who saw, heard or otherwise perceived the conduct:
Constable Larkham
Constable Waring
Event 6 (Count 9) - Canberra North Bowling and ACT Rugby Union Club
(b)Substance of the evidence:
Mr Harrison Martin and Ms Anna Montague were in the process of closing up the Turner Rugby Union Club. CCTV captures three offenders entering through the unlocked glass entry door, located on the car park side of the club. It is the Crown case that one of the offenders is the accused and the co offenders remain unknown at this stage. The accused was wearing a hooded jacket with fur around the hood which is seen during a number of the burglaries and long black tracksuit pants with a stripe down the side. During the robbery Ms Harrison is threatened and try's to open a safe and poker machine cabinet for the accused and co offenders.
During the robbery the accused takes off his right hand glove and leaves it in an administration office where he had open trying to open a locked cabinet with poker machine takings. The inside of the glove was examined and DNA profile was obtained that matched the accused profile
(b)(i)Particulars of the date, time, place and circumstances at or in which the conduct occurred:
At about 12.40am on Sunday 31 May 2015, Turner Rugby Union Club, in Mccaughey Street, Turner, ACT.
(b)(ii) Particulars of the names of each person who saw, heard or otherwise perceived the conduct:
Mr Harrison Martin
Ms Anna Montague
CCTV footage
Forensic Member P SPRYSZYNSKI
Forensic Member J STONE
Forensic Member P HERD
Forensic Member B Scott
Event 8 - (~~uncharged~~ Count 10 and 11)
(a)Substance
At 6.05am on Saturday 6 June 2015 an aggravated burglary occurred at 3 Sydney Avenue [redacted] Barton, ACT. CCTV footage of the incident shows a person identified as the accused and another male entering the foyer at 6.04am. Four businesses within the building were ransacked. Entry was gained into the businesses by forcing the door open with a flat bladed instrument. One business, Sports care and Physiotherapy reported computers and Apple iPods to the value of $4362.70 being stolen. A master key and proximity card to the building was also stolen. At 6.20am the offender and the unidentified male exit the building carrying a large metal bar and a red bag.
(b)(i)Particulars of the date, time, place and circumstances at or in which the conduct occurred:
At 6.05am on 6 June 2015 at 3 Sydney Avenue Barton, ACT
(b)(ii) Particulars of the names of each person who saw, heard or otherwise perceived tlie conduct:
CCTV footage
Event 9- (~~uncharged~~ Count 12 and 13)
(a)Substance
At 2.34am on Monday 8 June 2015 an aggravated burglary occurred at 3 Sydney Avenue Barton, ACT. Entry was gained using a master key and proximity card stolen from the building on 6 June 2015. CCTV footage of the incident shows three males enter the foyer of the building. The first male is identified as the accused, the second male has since been identified as Shane Reid and the third male was not identified. During the burglary a pair of NSW number plates were stolen (BK[redacted]).
(b)(i)Particulars of the date, time, place and circumstances at or in which the conduct occurred:
At 2.34am on 8 June 2015 the accused committed a aggravated burglary at 3 Sydney Avenue Barton, ACT
(b)(ii) Particulars of the names of each person who saw, heard or otherwise perceived the conduct
CCTV footage
Event 10- (~~uncharged~~ Count 14 and 15)
(a)Substance
At about 3.53am on 8 June 2015 an aggravated burglary occurred at 'Floresca in the Gardens' at the Australian National Botanical Gardens. During the burglary the chocolate sauce had been spilled over the floors, the fridge opened and searched and the office ransacked. Five bottles of alcohol, a bottle of chocolate sauce and coins to the value of $237.00 was stolen. The cafe is enclosed by a large rock wall and a large gate that was locked. A cutting tool was used to enter through the gate and a flat bladed instrument was used to lever the cafe doors open. Mr Karan Patel attended at about 3.57am after the alarm was activated. He saw a Hyundai i30 with registration BK[REDACTED] parked outside the gates. These are the same plates stolen from 3 Sydney Avenue Barton, ACT earlier that morning. Mr Patel then saw three males jump the fence and get into the Hyundai and drive away. They were wearing dark hooded jumpers and pants and one was carrying a blue crow bar. There is CCTV footage of the burglary, it shows the accused inside the cafe. The green laundry bag containing the alcohol was found on the side of the rock wall, as was a bottle of chocolate sauce where the three men had been seen jump the fence. A dark coloured baseball Nike baseball cap was also found at the same place. This matched the appearance of the baseball cap worn by co-offender Reid at 3 Sydney Avenue Barton, ACT. A DNA sample taken from the cap has since been matched to co-offender Reid.
(b)(i)Particulars of the date, time, place and circumstances at or in which the conduct occurred:
At 3.53am on 8 June 2015 the accused committed an aggravated burglary at 'Floresca in the Gardens' at the Australian National Botanical Gardens, Black Mountain, ACT
(b)(ii) Particulars of the names of each person who saw, heard or otherwise perceived the conduct
CCTV footage of 'Floresca in the Gardens' at the Australian National Botanical Gardens
Mr Karan Patel
Event 11 - Surveillance Footage
(a)Substance
At 3.20pm on Wednesday 10 June 2015 police were conducting surveillance on the accused residence. He was wearing a cap and shoes which matched the appearance of the items worn by the accused during the burglaries at 3 Sydney Avenue Barton. Specifically, Nike NT running shoes with a bright red/orange tongue, red/orange laces, red/ orange circle on the base and a white stripe on the side.
(b)(i)Particulars of the date, time, place and circumstances at or in which the conduct occurred:
At 3.20pm on 10 June 2015 at Unit 32 of Braddon
(b)(ii) Particulars of the names of each person who saw, heard or otherwise perceived the conduct
Surveillance Leading Senior Constable Luke Ferns
Sgt Brown
Leading Senior Constable Preston
Event 7- 12(Counts ~~10,11,12,13,~~ 17,18,19)- Chisholm Vikings Club
(a)Substance of the evidence:
About 9:20am on Wednesday 10 June 2015, Mr Marc Davis parked his red 2014 model Audi A3 Ambition ACT registration Y[REDACTED] (Y[REDACTED]) in the secure underground car park of Lyons, ACT. About 3:26am on Thursday 11 June 2015, Y[REDACTED] was captured by a fixed speed camera travelling southbound on the Monaro Highway, Hume, ACT. About 3:28am that same date, an aggravated burglary occurred at the Chisholm Vikings Club, located on Benham Street, Chisholm, ACT, a short distance from the speed camera on the Monaro Highway, Hume, ACT. The burglary was captured on CCTV. Sometime after 3:40am, Mr Vance Pearce attended the club as the alarm had been activated. Upon entering the rear car park of the club, Mr Pearce saw a bright red coloured newer model sports sedan vehicle parked at the back of the car park. As Mr Pearce drove towards the vehicle, the vehicle accelerated away at a high speed. Mr Pearce later found a white Audi A3 tag that belonged to Mr Davis where the car had been parked.
The club's CCTV footage of the incident shows the accused enter into through the rear doors. He is described as being dark skinned average height, average build, dark curly hair, wearing dark shoes with a bright reddish tongue, long dark shorts and a dark hooded jumper. The soles of the accused shoes are dark in colour with a bright reddish middle section; the Nike NT's later seized also have a bright red reddish middle section.
They force entry to a number of the poker machines using a jimmy bar before exiting the rear glass door carrying a number of poker machine cash canisters;
(b)(i)Particulars of the date, time, place and circumstances at or in which the conduct occurred:
Between 9.20am on Wednesday 10 June 2015 and 4am on Thursday 11 June 2015. At Lyons, ACT; Monaro Highway, Hume ACT and Chisholm Vikings Club, Benham Street, Chisholm, ACT.
(b)(ii) Particulars of the names of each person who saw, heard or otherwise perceived the conduct:
Marc Davis
Fixed Speed Camera Monaro Highway
Vance Pearce
Event 8 13 (Count 13 16) - Observations of accused in Red Audi
(a)Substance of the evidence:
At 12:30pm on Thursday 11 June 2015, Police were conducting surveillance duties on Kneeshaw Street, Monash, ACT, when they observed Y[REDACTED] drive into the street and stop outside. Police followed Y[REDACTED] to the Erindale Library car park, located on McBryde Crescent, Wanniassa, ACT. Police observed Y[REDACTED] parked in a car park. Three males were seen to walk from the direction of Y[REDACTED] towards the Erindale Vikings Club located on Ricardo Street, Wanniassa. One of the males is the accused. He had dark skin, average height, average build, curly dark hair, wearing a green, black and white Nautica zip up jacket, long black shorts, dark grey shoes with a bright reddish tongue (Nike NT), carrying a black bag;
Police took a number of photographs of the males as they left and approached Y[REDACTED]. Police obtained the clubs CCTV footage.
(b)(i)Particulars of the date, time, place and circumstances at or in which the conduct occurred:
At 12:30pm on Thursday 11 June 2015 between Kneeshaw Street, Monash, ACT and Erindale Vikings Club, Ricardo Street, Wanniassa.
(b)(ii) Particulars of the names of each person who saw, heard or otherwise perceived the conduct:
Police Surveillance Team
CCTV footage Erindale Vikings Club
Event 9 14(Counts ~~14,15,16~~ 20, 21, 22) -Two Sisters Restaurant and Red Audi
(b)Substance of the evidence;
About 6:36am on Sunday 14 June 2015, an aggravated burglary occurred at the Two Sister Restaurant located at 5/38 Woolley Street, Dickson, ACT. Entry was gained to the restaurant by the offenders forcing open the front glass door. The restaurants CCTV footage of the incident shows the following:
•At 6:34am, a red Audi A3 sedan with ACT registration drives into the rear staff car park. Two. ma!es exit the vehicle, one of the males is identified as the accused. It is the Crown case that this car is Y[REDACTED] given the description of the car and the fact the accused and is seen on CCTV getting out of the car.
•The accused has dark skin, average build, average height, with dark hair that is short on the top and sides and scruffy and curly at the back, wearing a light grey button up shirt, a black leather jacket with diamond shaped stitching and a grey hood, dark shorts, a metallic watch and dark runners with a bright reddish tongue;
(b)(i)Particulars of the date, time, place and circumstances at or in which the conduct occurred:
At about 6.30am on Sunday 14 June 2015 at 5/38 Woolley Street, Dickson, ACT.
(b)(ii) Particulars of the names of each person who saw, heard or otherwise perceived the conduct:
CCTV footage
Event 10 15 (Counts ~~17 and 18~~ 23 and 24 ) Kingswim Calwell
(c)Substance of the evidence:
About 1:32am on Monday 15 June 2015, an aggravated burglary occurred at Kingswim, located at 15 Webber Crescent, Calwell, ACT. CCTV footage of the incident including audio clearly shows the accused, described as having dark skin, average height, average build, with curly dark hair, wearing Nike TN dark runners with a bright reddish tongue; white pants, a black leather jacket with diamond stitching and a grey hood which is over his head, a fitted cap with a sticker on the top of the brim and a metallic watch on his left wrist. Of the two co-offenders Christopher Crawford has pleaded guilty to this offence.
(b)(i)Particulars of the date, time, place and circumstances at or in which the conduct occurred:
At about 1.32am on Monday 15 June 2015 at 15 Webber Crescent, Calwell, ACT.
(b)(ii)Particulars of the names of each person who saw, heard or otherwise perceived the conduct:
CCTV footage
Event 11 16 (Counts ~~20 and 21~~ 26 and 27) - Sound Advice, Fyshwick
(d)Substance of the evidence:
About 3:36am on the same morning, a burglary occurred at Sound Advice, located at 21 Molonglo Mall, Fyshwick, ACT. A 'Brother' brand label maker was stolen from Sound Advice. This was later located in the boot of Y[REDACTED] upon its recovery on 24 June 2015. A fingerprint found on the 'Brothers' brand label maker was matched to the accused. During a forensic examination, tool marks consistent with a flat bladed implement approximately 26mm in width were located at the point of entry. The tool marks were leverage indentation marks located below the latch on the front metal door frame. The tool marks were consistent with those found at Sound Advice.
A Black rubber glove was found at Sound Advice, The sample was matched to co-offender Christopher Crawford.
(b)(i)Particulars of the date, time, place and circumstances at or in which the conduct occurred:
At about 3.36am on Monday 15 June 2015 at 21 Molonglo Mall, Fyshwick, ACT.
(b)(ii) Particulars of the names of each person who saw, heard or otherwise perceived the conduct:
CCTV footage
Event 12 17 (Counts ~~19, 22 and 23~~ 25, 28 and 29) - Coffee Guru
(a)Substance
About 4:52am later the same morning, an aggravated burglary occurred at Coffee Guru located at shop 7, 61 Mabo Boulevard, Bonner, ACT. CCTV. shows that at 4:51am, a newer model red Audi sedan drives into the car park and parks directly in front of the store; Three males exit the vehicle and approach the front glass doors of the store; the males appear to be the same three males from the burglary at Kingswim based on physical description and the exact same clothing worn. The accused forces the front glass doors open using the silver coloured jimmy bar; At 4:52am, all three males enter the store; At 4:58am, all of the males exit the store carrying a number of items; The males enter Y[REDACTED] and drive out of view of the cameras.
(b)(i)Particulars of the date, time, place and circumstances at or in which the conduct occurred:
At about 4.52am on Monday 15 June 2015 at 7/ 61 Mabo Boulevard, Bonner, ACT.
(b)(ii) Particulars of the names of each person who saw, heard or otherwise perceived the conduct:

CCTV footage

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Citations

R v Crawford [2016] ACTSC 349

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