R v Davis

[2015] ACTSC 101

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Davis

Citation:

[2015] ACTSC 101

Hearing Dates:

25 March 2015 and 26 March 2015

DecisionDate:

7 May 2015

Before:

Rangiah J

Decision:

Not guilty

Category:

Principal Judgment

Catchwords:

CRIMINAL LAW – TRIAL – Judge alone trial – aggravated burglary – trespasser in company of another – whether intent to commit theft of property – lawfulness of arrest

Legislation Cited:

Crimes Act 1900 (ACT) s 212

Criminal Code 2002 (ACT) ss 311 and 312
Evidence Act 1995 (Cth) s 138(1)
Human Rights Act 2004 (ACT) ss 18, 40B and 40C

Supreme Court Act 1933 (ACT) s 68B

Cases Cited:

Edwards v R (1993) 178 CLR 193

Licciardello v R [2012] ACTCA 16
R v Button (2002) 54 NSWLR 455

R v Mulcahy [2010] ACTSC 98

Parties:

The Queen (Crown)

Judd Oswald Davis (Accused)

Representation:

Counsel

Ms S Saikal (Crown)

Mr A Williamson (Accused)

Solicitors

ACT Director of Public Prosecutions (Crown)

Legal Aid ACT (Accused)

File Number:

SCC 135 of 2014

Rangiah J:

1. The accused, Judd Oswald Davis, is charged with the following offence:

THAT on 22 November 2013 at Canberra in the Australian Capital Territory JUDD OSWALD DAVIS entered a building, namely [deleted] Lowanna Street, Braddon, as a trespasser, with intent to commit theft of any property in the building, in company with an unknown male.

1. Mr Davis pleaded not guilty. He has made an election under s 68B of the Supreme Court Act 1933 (ACT) for trial by judge alone.

The evidence

1. The Crown called oral evidence from five witnesses and, with the consent of the defence, tendered the statements of another three witnesses.  Mr Davis gave evidence himself and called two witnesses. 

1. Much of the evidence given by the Crown’s witnesses was not disputed and the case turns largely upon the credibility of Mr Davis and the witnesses called by the defence. 

The prosecution witnesses

1. Ms Cherie Enders was a resident of a unit in a unit complex on Lowanna Street, Braddon.  At about 4.15 am on 22 November 2013 she was woken by the rattling of a chain wire fence which secured a basement car park at the unit complex.  Ms Enders’ partner, Peter Tegart, gave evidence that he was also woken by rattling noises which continued for some 15 minutes. 

1. Ms Enders and Mr Tegart walked down to the car park.  Ms Enders saw a dark haired male walking past her and a tall male with long red hair standing near a pillar.  There is no dispute that the tall male was Mr Davis.  He was carrying something that looked like a helmet. He was standing near her bicycle which was leaning against a pillar.  Ms Enders had earlier left her bicycle attached with a lock to the chain wire fence. 

1. Mr Tegart had followed Ms Enders into the basement.  His evidence was that he saw the dark haired male pushing Ms Enders’ bicycle towards the car park entrance.  The male then dropped the bicycle.