DISTRICT COURT OF SOUTH AUSTRALIA
(Criminal)
R v EYLES
Criminal Trial by Judge Alone
[2016] SADC 127
Reasons for the Verdicts of His Honour Judge Soulio
15 September 2016
CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES
Criminal trial by judge alone - accused charged with property damage, two counts of aggravated serious criminal trespass in a non-residential building and four counts of theft - arising from three separate incidents - circumstantial case - co-accused had pleaded guilty to all counts.
Verdicts - guilty on all counts.
Criminal Law Consolidation Act, 1935 s85(3), s134, s169(1)(b), s278; Juries Act 1927 s7, referred to.
R v Gardi [2015] SASC 186, delivered 23 November 2015; R v Keyte (2000) 78 SASR 68; Douglass v The Queen (2012) 86 ALJR 1086; AK v Western Australia (2008) 232 CLR 438; Martin v Osborne (1936) 55 CLR 367; Peacock v The King (1911) 13 CLR 619; R v Micallef [2002] NSWCCA 480; Barca v The Queen (1975) 133 CLR 82; Chamberlain v The Queen (No 2) (1984) 153 CLR 521; R v Loader [2004] SASC 234; Hirst v Police [2006] SASC 244; Sutton v The Queen (1984) 152 CLR 528; R v Armstrong (1990) 54 SASR 207; R v Mayfield (1995) 63 SASR 576; Jones v Harris [1946] SASR 98; R v Loader [2004] SASC 234, considered.
R v EYLES
[2016] SADC 127Background
The accused, together with one Damien Fraser, was charged with a series of offences said to have been committed in late February and early March 2014. On 24 February 2014 two men backed a black utility up to a parking ticket machine at the Modbury Hospital and, using an angle grinder, then a crow bar, forced the machine open and stole $1,461 in cash. (‘the Modbury Hospital offending’).
On 26 February 2014 two men in a black utility broke into the Mount Compass Tavern, stole $2,380 in cash, and took away the automatic teller machine (‘ATM’) in the tavern. The ATM was later found, burnt, at Millbrook. (‘the Mount Compass Tavern offending’).
On 6 March 2014 two men in a black utility broke into the Moana Pharmacy and stole $2,150 in cash. (‘the Moana offending’).
Damien Fraser was involved in each of the offences and pleaded guilty.[1] The issue for determination is whether it has been established, beyond reasonable doubt, that the accused, Kevin David Eyles, was, in respect of any of the offences, the second man.
[1] Exhibit P1, Agreed Fact 13.
Charges
The accused is charged with seven offences, namely:
Count 1 Property Damage (s 85(3) of the Criminal Law Consolidation Act, 1935).
The particulars alleged are that:
Kevin David Eyles and Damien Fraser on the 24th day of February 2014 at Modbury, without lawful excuse, damaged a parking ticket machine, the property of SA Health Modbury, intending to damage the property or being recklessly indifferent as to whether the property was damaged.
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- AGLC
- R v Eyles [2016] SADC 127
- Case
- [2016] SADC 127
- Decision Date
CaseChat Overview and Summary
The primary legal issues for the court to decide were whether the evidence, though circumstantial, was sufficient to establish the defendant's guilt beyond reasonable doubt on all charges. Given that a co-accused had already pleaded guilty, the court needed to consider whether the evidence against the defendant was independent and compelling enough to stand on its own merits. Additionally, the court had to examine the specific elements of each charge to determine whether they were proven according to the applicable legal standards.
The court meticulously evaluated the evidence, noting that while it was circumstantial, it was also robust and consistent. The court found that the evidence, when considered as a whole, pointed convincingly to the defendant's involvement in the charged offences. The court was satisfied that the evidence against the defendant was strong enough to establish guilt beyond reasonable doubt. As a result, the court found the defendant guilty on all counts.
No further orders were made by the court in relation to this matter.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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