R v Dixon

[2024] NSWDC 674

District Court

New South Wales

Medium Neutral Citation:

R v Dixon [2024] NSWDC 674

Hearing dates:

30-31 October 2024

Date of orders:

31 October 2024

Decision date:

31 October 2024

Jurisdiction:

Criminal

Before:

Neilson DCJ

Decision:

See par [64].

Catchwords:

CRIME – s21(2) CPA Application for severance of indictment into 5 different trials – 9 counts, including counts of larceny, break and enters and a take and drive conveyance without consent – Granted in part.

Legislation Cited:

Criminal Procedure Act 1986, s 21.

Indictment Act 1915 (UK).

Cases Cited:

Ludlow v The Metropolitan Police Commissioner [1971] AC 29; [1970] 1 All England Reports 567.

Billings v R [2012] NSWCCA 33 at [14]-[18].

Phillips v R [2006] HCA 4; (2006) 225 CLR 303.

Mac v R [2014] NSWCCA 24.

Texts Cited:

Nil.

Category:

Procedural rulings

Parties:

Crown – R (NSW)
Accused – Justin Dixon

Representation:

Counsel:
Crown – Ms Brown, A.
Accused – Mr Renard, E.

Solicitors:
Crown – Office of the Director of Public Prosecutions (NSW)
Accused – Mayfair Lawyers

File Number(s):

2023/00449937

Publication restriction:

Nil.

Judgment

1. HIS HONOUR: Yesterday, the accused, Justin Dixon, was arraigned on an indictment, which contains nine Counts.

2. Count 1 is an allegation that on 5 September 2023, the accused broke and entered the dwelling house of ZT at Adelong Close, at Wakeley, and did steal a silver Subaru Impreza, registered number YBJ 96T, the breaking and entering being in circumstances of aggravation, namely that he knew there was a person or persons present in the said dwelling house.

3. Count 2 in the indictment is in the alternative to Count 1, and is an allegation of taking without the consent of ZT the said Subaru Impreza.

4. Count 3 is an allegation that on 11 September 2023, the accused broke and entered the dwelling house of JF, at McIver Avenue in Middleton Grange and committed a serious indictable offence therein, namely damaged property, being the sliding glass door of the property in question. That is also alleged to be in circumstances of aggravation, namely that the accused was in company.

5. Count 4 in the indictment is that on 11 September 2023, shortly after the event at Middleton Grange, the accused did break and enter the dwelling house of AB, at Rosebank Avenue, Elizabeth Hills, and committed a serious indictable offence therein, namely larceny of a handbag and keys, in circumstances of aggravation, that he was in company.

6. Count 5 is an allegation of stealing a motor vehicle, being a Land Rover Velar, registered number EYS 54U, the property of AB.

7. Count 6 is an allegation that, again on 11 September 2023, at Elizabeth Hills, the accused did steal a Yamaha PW50 mini dirt bike, the property of AB. Both those motor vehicles were parked on or near the property of AB at Elizabeth Hills.

8. Count 7 alleges that on 14 September 2023, at Green Valley, the accused attempted to break and enter the dwelling house of RS at San Cristobal Drive,…