Reported Decision: 111 A Crim R 211
New South Wales
Court of Criminal Appeal
CITATION: R v McIntyre [2000] NSWCCA 6 FILE NUMBER(S): CCA 60546/98 HEARING DATE(S): 21/10/99 JUDGMENT DATE:
24 February 2000PARTIES :
Regina
Stuart James McINTYREJUDGMENT OF: Sully J at 1; Hulme J at 2; Hidden J at 50
LOWER COURT JURISDICTION: District Court LOWER COURT FILE NUMBER(S) : LOWER COURT JUDICIAL
OFFICER :Naughton DCJ
COUNSEL : Crown: P G Berman
Appellant: G P CraddockSOLICITORS: Crown: S E O'Connor
Appellant: T A MurphyDECISION: Appeal allowed; Convictions and sentences consequent thereon quashed; A new trial of the Appellant
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IN THE COURT OF
CRIMINAL APPEALNo: 60546/98
SULLY J
HULME J
HIDDEN J
Thursday, 24 February 2000
REGINA -v-Stuart James McINTYREJUDGMENTIN THE COURT OF
1 SULLY J: I agree with Hulme J.
CRIMINAL APPEALNo: 60546/98
SULLY J
HULME J
HIDDEN J
Thursday, 24 February 2000
REGINA -v-Stuart James McINTYREJUDGMENT
2 HULME J: On 21 July 1998 the Appellant was convicted by a jury on two counts, one to the effect that he broke and entered a dwelling house and therein maliciously damaged property by fire; and the second, that he stole a motor vehicle in that he took it and drove it without the consent of the owner. The substantive issues in the trial were whether the Crown could prove that a fire which occurred had been started by the Appellant; and in relation to the second count, whether the Crown could prove both that the Appellant was not a part owner of the vehicle, and that he had no bona fide claim of right to drive it.3 On 15 September 1998 the Appellant was sentenced to penal servitude for a minimum term of 3 years and an additional term of 2 years in respect of the first charge; and to a fixed term of 12 months’ imprisonment on the second, such term to run concurrently.
4 On 21 October last, an appeal to the Court was heard. Taking the view that the appeal should succeed, the Court then made orders that the appeal be allowed; that the convictions and sentences consequent thereon be quashed; and that there should be a new trial of the Appellant. These reasons are those which the Court said would be published later.
5 At the time of the incidents, namely 7 June 1997, the dwelling house was occupied by a Miss Mandy West and her children and, on the Crown case, she was also the owner of the motor vehicle. Commencing in about 1994 the Appellant became the de-facto partner of Miss West. They separated in November 1995, resumed cohabitation in June 1996 and separated again in April 1997. According to the evidence of Miss West, their contact thereafter was marked by threats and abuse and numerous phone calls initiated by the Appellant. However, it does not appear that all contact was of that description.
6 Be that…
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- AGLC
- R v McIntyre [2000] NSWCCA 6
- Case
- [2000] NSWCCA 6
- Decision Date
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