R v Mathew Tate

R v MATHEW TATE [2010] ACTSC 144 (15 November 2010)

CRIMINAL LAW – charges of assault occasioning actual bodily harm – actual bodily harm not established – verdicts of guilty of alternative charges of assault.
CRIMINAL LAW – assault occasioning actual bodily harm – whether concussion constitutes actual bodily harm.
CRIMINAL LAW – assault of custodial officer – consent to “physical contact arising from the exigencies of everyday life” – whether custodial officer gives implied consent to being pushed aside by prisoner in a hurry.

Australian Security Intelligence Organisation Act 1979 (Cth), s 92
Crimes Act 1900 (ACT), ss 24, 26, 49
Evidence (Miscellaneous Provisions) Act 1991 (ACT), s 91(1)(d)
Supreme Court Act 1933 (ACT), s 68C

Collins v Wilcock [1984] 1 WLR 1172
R v Court [1989] 1 AC 28
Fitzgerald v Kennard (1995) 38 NSWLR 184
Fleming v R (1998) 197 CLR 250

Macquarie Dictionary ( SCC 276 of 2009

Judge:              Penfold J
Supreme Court of the ACT

Date:               15 November 2010

IN THE SUPREME COURT OF THE     )
   )           No. SCC 276 of 2009
AUSTRALIAN CAPITAL TERRITORY            )          

R

v

MATHEW TATE

ORDER

Judge:   Penfold J
Date:   15 November 2010
Place:   Canberra

THE COURT ORDERS THAT:

1. On the charge of assaulting Jason Low and occasioning him actual bodily harm, a verdict of not guilty be entered, but a verdict of guilty be entered on a charge of assaulting Jason Low contrary to s 26 of the Crimes Act 1900 (ACT).

1. On the charge of assaulting Joanne Albrighton and occasioning her actual bodily harm, a verdict of not guilty be entered, but a verdict of guilty be entered on a charge of assaulting Joanne Albrighton contrary to s 26 of the Crimes Act 1900 (ACT).

1. The order made on 10 June 2010 under s 91(1)(d) of the Evidence (Miscellaneous Provisions) Act 1991 (ACT) prohibiting publication of the names of the custodial officers who gave evidence is revoked.

Background

1. The accused Mathew Tate was arraigned before me on two counts of assault occasioning actual bodily harm under s 24 of the Crimes Act 1900 (ACT), the complainants being Jason Low and Joanne Albrighton.

1. Mr Tate pleaded not guilty to both charges. 

Trial by judge alone

Election

1. Mr Tate elected to be tried by judge alone.

Procedures for trial

1. Section 68C of the Supreme Court Act 1933 of the ACT specifies the procedures to be followed for a trial by judge alone.  In summary:

(a)    the judge can make any findings of guilt that could have been made by a jury, and those findings have the same effect as jury verdicts;

(b)   the judge must provide a judgment setting out the principles of law he or she applied and the findings of fact he or she relied on (this requirement has been interpreted as requiring the judge to set out also the reasoning process linking the law and the facts, and a justification for the verdict, Fleming v R (1998) 197 CLR 250 at 263); and

(c)    the judge must…