R v HACKETT

Case [2014] SADC 173


DISTRICT COURT OF SOUTH AUSTRALIA

(Criminal)

R v HACKETT

Criminal Trial by Judge Alone

[2014] SADC 173

Reasons for the Verdict of His Honour Judge Brebner

17 October 2014

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ACTS INTENDED TO CAUSE OR CAUSING DANGER TO LIFE OR BODILY HARM OR SERIOUS INJURY

Criminal trial by Judge alone - accused charged with aggravated recklessly causing harm contrary to s 23(2(b) of the Criminal Law Consolidation Act.

Admissibility of discreditable conduct, S 34P(2)(a); s 34(P(2)(b) Evidence Act - relevant inferences - non-propensity purposes - circumstantial evidence.

Verdict: Guilty.

Criminal Law Consolidation Act 1935Part 3 Division 7A; s 23(2)(b); s 21; s 5AA;; Evidence Act 1929 s 34P(2)(a) and (b), referred to.
Fox v Percy (2003); Driscoll v The Queen  (1977) 137 CLR; R v Lister [2013] SASCFC 17; Mule v The Queen (2005) ALR 85 ; Spence v Demasi (1988) 48 SASR 536; Jones v Dunkel (1959) 101 CLR 298; Hoch v The Queen (1988) 165 clr 292; Phennig v The Queen (1995) 182 CLR 461; R v MJJ: R v CJN (2013) 117 SASR 81; R v Maiolo (2013) 117 SASR 1; R v CCA [2013] SASCFC 137; R v M, BJ (2011) 110 SASR 1; Wilson v The Queen (1970) 123 CLR 334; R v Allen [2010] SASC 236; Martin v Osborne (1936) 55 CLR 367; Kelly v The Queen (2004) 205 ALR 274; R v Grant (2002) 55 NSWLR 80; Simpson v The Queen (1998) 194 CLR 228, considered.

R v HACKETT
[2014] SADC 173

  1. The accused is charged with one count of aggravated recklessly causing serious harm contrary to s 23(2)(b) of the Criminal Law Consolidation Act 1935 (CLCA).  In particular, it is alleged that he, on 14 May 2012, at Clearview, caused serious harm to a female named KLJ, being reckless as to whether such harm was caused.  The circumstance of aggravation alleged is that he used an offensive weapon, namely a baseball bat, when committing the crime. 

  2. I am satisfied beyond reasonable doubt that the accused is guilty as charged.  My reasons are as follows.

    Introduction

  3. The complainant and the accused were well known to each other.  They had been in a relationship for about seven years.  The complainant terminated the relationship some six months before the morning in question.  They nonetheless remained friends.

  4. It was the prosecution case that the accused went to the complainant’s home unit at about 6.30 am on the morning in question, that he became angry when he saw the complainant and another man in the lounge room of the premises, that he picked up a baseball bat and either hit the complainant on the head with the bat, or threw it at her head, thus fracturing her skull and causing associated injuries.  For convenience I will use the expression “struck her with the bat” to include both mechanisms.

  5. It was the accused’s…

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R v Hackett [2014] SADC 173
Case
[2014] SADC 173
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CaseChat Overview and Summary

The accused was charged with one count of aggravated recklessly causing serious harm. The prosecution case was that the accused, who was known to the complainant, went to her home, saw her with another man, and either hit her on the head with a baseball bat, or threw it at her head, fracturing her skull and causing associated injuries. The accused’s case was that he threw the bat at the television or wall as he was leaving and that it bounced off a wall and struck the complainant by accident. The accused did not give evidence and no other evidence was called. The accused was found guilty. The complainant and the accused had been in a relationship for about seven years. The complainant had terminated the relationship some six months before the incident in question, but they remained friends. The complainant gave evidence of a history of physical violence and property damage on the part of the accused during the course of the relationship. The accused denied all of this. The court was required to determine the admissibility of this evidence. It was the complainant’s evidence that the accused had a behavioural proclivity to become physically violent towards her when he felt sufficiently provoked by her during the course of incidents that were attended by overtones of jealousy on the part of either of them. This evidence was found to be admissible for non-propensity purposes. The accused’s propensity was also found to amount to circumstantial evidence which could be used to rebut accident and to prove his intentions towards the complainant at the relevant time. The court found that the accused deliberately caused the impact between the bat and the complainant’s head. The accused was found guilty of the charge.

Orders

Orders of the court

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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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