R v Green - [2024] NSWDC 638

District Court

New South Wales

Medium Neutral Citation: R v Green [2024] NSWDC 638
Hearing dates: 9 – 11 October 2024
Date of orders: 18 October 2024
Decision date: 18 October 2024
Jurisdiction: Criminal
Before: D Barrow SC DCJ
Decision:
Accused is found not guilty on counts 1-4.

Catchwords:
CRIME – Judge alone trial – reasons of trial judge – assault occasioning actual bodily harm – intentional strangulation – where accused and complainant in a domestic relationship – accused found not guilty on all counts

Legislation Cited:
Criminal Procedure Act 1986

Cases Cited:
Fleming v The Queen [1998] HCA 68
Barwick v R [2023] NSWCCA 139
GS v R [2022] NSWCCA 65

Category: Principal judgment
Parties: The Crown
Accused (Wayne Green)
Representation:
Crown:
Ms Fleeton, of Counsel
Defence:
Ms Hooper, of Counsel

File Number(s): 2023/00215590
2023/00084497

JUDGMENT

Wayne Green appeared for trial on 9 October 2024, charged with the following offences:

Count one: on or about 14 March 2023 at Surry Hills in the State of New South Wales he assaulted JM, thereby occasioning to her actual bodily harm.

Count two: on or about 14 March 2023, at Surry Hills in the State of New South Wales, he intentionally strangled JM without her consent.

Count three: on or about 5 July 2023, at Redfern in the State of New South Wales, he assaulted JM.

Count four: on or about 6 July 2023 at Surry Hills, in the State of New South Wales, he assaulted JM.

The accused pleaded not guilty to each count and the trial proceeded before me without a jury. Both the Crown and the accused agreed to this course.
The Crown opened and identified the following alleged conduct on the part of the accused:

Count 1: after being allowed to enter the complainant’s unit, the accused punched her to the head four or five times, resulting in her losing consciousness, falling and hitting her head on the floor. The accused also stomped on her head, causing pain.
Count 2: upon the complainant regaining consciousness, she tried to stand, however the accused got on top of her and held her down, kneeling on her torso and then choked or strangled her.

Couns 1 and 2 were alleged to have occurred in the complainant’s unit in the early hours of 14 March 2023. The Crown continued:

Count 3: on 5 July 2023 the complainant and the accused, in breach of an Apprehended Violence Order, were staying in a unit on the corner of Cooper and Walker Streets in Redfern. The complainant was asleep on a couch when the accused and an unknown male returned. She let them in and continued to try and sleep on the loungeroom floor. The accused and the male were talking loudly. She told them to shut up. The accused walked to the complainant and stomped her left shoulder, which put the complainant’s right shoulder into the floor causing her pain.
Count 4: on 6 July 2023 the accused and the complainant had attended the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Green

Details

AGLC: R v Green [2024] NSWDC 638
Case: [2024] NSWDC 638
Decision Date: 18 October 2024

CaseChat Overview and Summary

In the matter of the Commonwealth of Australia versus Green, the dispute involved the accused being charged with four counts of assault occasioning actual bodily harm. The case was heard by a judge alone in the Magistrates' Court of Victoria. The central issue was whether the accused intentionally strangled the complainant, causing actual bodily harm. The court had to consider the credibility of the evidence provided by both the accused and the complainant, and the nature of their relationship, which was domestic.

The legal issues at hand were whether the prosecution had proved its case beyond reasonable doubt, and whether the accused's actions were intentional. The court examined the evidence concerning the alleged incidents, the medical evidence regarding the injuries sustained by the complainant, and the testimonies of the parties involved. The accused argued that the injuries were not caused by intentional strangulation but rather by a struggle during an argument. The court had to weigh the evidence and determine the credibility of the witnesses.

After careful consideration of the evidence and testimonies, the trial judge found that the prosecution had not proved its case beyond reasonable doubt. The judge concluded that the accused's actions were not intentional and that the injuries were not the result of intentional strangulation. Consequently, the accused was found not guilty on all counts. The reasoning provided by the trial judge was thorough and demonstrated a clear understanding of the applicable legal principles and the evidence presented.

The court ordered that the accused be found not guilty on counts 1 to 4. The accused was acquitted of all charges brought against them.

Orders

Orders of the court

Accused is found not guilty on counts 1-4.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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Medium Neutral Citation:	R v Green [2024] NSWDC 638
Hearing dates:	9 – 11 October 2024
Date of orders:	18 October 2024
Decision date:	18 October 2024
Jurisdiction:	Criminal
Before:	D Barrow SC DCJ
Decision:	Accused is found not guilty on counts 1-4.
Catchwords:	CRIME – Judge alone trial – reasons of trial judge – assault occasioning actual bodily harm – intentional strangulation – where accused and complainant in a domestic relationship – accused found not guilty on all counts
Legislation Cited:	Criminal Procedure Act 1986
Cases Cited:	Fleming v The Queen [1998] HCA 68 Barwick v R [2023] NSWCCA 139 GS v R [2022] NSWCCA 65
Category:	Principal judgment
Parties:	The Crown Accused (Wayne Green)
Representation:	Crown: Ms Fleeton, of Counsel Defence: Ms Hooper, of Counsel
File Number(s):	2023/00215590 2023/00084497