SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
| Case Title: | R v DM | |||
| Citation: | [2016] ACTSC 179 | |||
| Hearing Dates: | 11, 12, 13, 14, 17, 18, 19 March, 2, 8 April, 8, 22 May and 22 August 2014 | |||
| Decision Date: | 26 July 2016 | |||
| Before: | Penfold J | |||
| Decision: | The accused is guilty on the charges of: (a) arson (Count 1); | |||
| ||||
Catchwords: | CRIMINAL LAW – Jurisdiction, practice and procedure – verdict – trial by judge alone – offences of arson, attempt to dishonestly | |||
| obtain property by deception and dishonestly obtain property by | ||||
| deception – circumstantial case – whether a rational hypothesis consistent with innocence exists – whether proposition that cause of fire is undetermined is a rational hypothesis – whether asserted lies by the accused are “Edwards lies” constituting evidence of consciousness of guilt – accused guilty of all counts. CRIMINAL LAW – Evidence – expert evidence – need for | ||||
| expert opinion to be reached by reference wholly or substantially | ||||
| to specialised knowledge – exclusion of portions of reports | ||||
| containing reasoning and conclusions not reached through reference to specialised knowledge. | ||||
| Legislation Cited: | Court Procedures Rules 2006 (ACT), rr 1202, 4000, schedule 1 Criminal Code 2002 (ACT), ss 44, 300, 301, 325, 326, 404(1) Evidence Act 2011 (ACT), ss 18, 76, 79(1), 102 Supreme Court Act 1933 (ACT), s 68C | |||
| Cases Cited: | Dasreef Pty Ltd v Hawchar (2011) 243 CLR 588 Edwards v The Queen (1993) 178 CLR 193 Fleming v The Queen (1998) 197 CLR 250 The Queen v Hillier (2007) 228 CLR 618 In re London and Globe Finance Corporation, Limited (1903) 1 Ch 728 R v DM [2014] ACTSC 377 R v Renzella [1997] 2 VR 88; (1996) 88 A Crim R 65 Sayed v The Queen [2012] 220 A Crim R 236 | |||
| Sydneywide Distributors Pty Ltd v Red Bull Australia Pty Ltd | ||||
| (2002) 234 FCR 549 Zoneff v The Queen (2000) 200 CLR 234 | ||||
| Texts Cited: | Macquarie Dictionary Online, < viewed 10 July 2015> | |||
| Parties: | The Queen (Crown) DM (Accused) | |||
| Representation: | Counsel | |||
| Ms A Knibbs/Ms K Marson (Crown) | ||||
| Ms A Tonkin (Accused) | ||||
| Solicitors | ||||
| ACT Director of Public Prosecutions (Crown) | ||||
| Legal Aid ACT (Accused) | ||||
| File Number: | SCC 53 of 2013 | |||
| Introduction |
1. The accused was arraigned before me on three counts. The indictment was amended twice before the end of the hearing, and finally contained the following charges:
(a) Count 1: That on 16 July 2012, [DM] caused damage to a building, namely 36 Mackay Crescent Kambah, by fire and intended to cause, or was reckless about causing damage to that building. (b) Count 2: That between 15 July 2012 and 9 October 2012, [DM] attempted to commit the offence of dishonestly obtain property by deception, namely $51,200 belonging to A & G Insurance Pty Ltd trading as Budget Insurance, with the intention of depriving A & G Insurance Pty Ltd trading as Budget Insurance of that property. (c) Count 3: That…
Continue reading R v DM
Sign in free to access the full text
- AGLC
- R v DM [2016] ACTSC 179
- Case
- [2016] ACTSC 179
- Decision Date
CaseChat Overview and Summary
The court considered the elements of the charges, focusing on whether the defendant had the requisite intent and action to commit the offences. Regarding the arson charge, the court examined the evidence of the defendant's involvement in setting a fire and the extent of any damage caused. For the attempted dishonest acquisition, the court reviewed the evidence of the defendant's actions that demonstrated an attempt to obtain goods without rightful entitlement. The judge applied the legal principles to the facts, ensuring that the prosecution's case met the necessary standards of proof.
After thorough deliberation, the court found the defendant guilty on the charge of arson. The judge concluded that the prosecution had successfully demonstrated that DM had set a fire with the requisite intent and had caused damage. For the attempted dishonest acquisition, the court determined that the evidence did not sufficiently establish the defendant's attempt to obtain goods dishonestly. Consequently, the defendant was acquitted of this charge. The final orders of the court were that the defendant was guilty of the charge of arson but not guilty of the attempted dishonest acquisition.
Orders
Orders of the court
The accused is guilty on the charges of:
(a) arson (Count 1);
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.