SUPREME COURT OF SOUTH AUSTRALIA
(Criminal)
R v REID
Judgment of The Honourable Justice Besanko
27 July 2004
CRIMINAL LAW - GENERAL MATTERS - ANCILLARY LIABILITY - ATTEMPT - PARTICULAR OFFENCES - OTHER CASES - ATTEMPTED MURDER
CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - INSANITY - DISEASE OF THE MIND, MENTAL DISEASE OR MENTAL INFIRMITY
Accused charged with one count of attempted murder and in the alternative with one count of wounding with intent to do grievous bodily harm – accused brought a large meat cleaver down in a chopping motion towards the victim’s head and then swung the meat cleaver from other directions towards the victim’s head a number of times – no dispute between the prosecution and the defence about the fact that the accused was mentally incompetent to commit either offence charged – where the accused elected to be tried by judge alone – where the objective elements of the offence tried before the question of the accused’s mental competence pursuant to s 269G of the Criminal Law Consolidation Act 1935 – where the accused conceded that the objective elements of wounding with intent to do grievous bodily harm were made out but submitted that the objective elements of attempted murder were not made out – whether the objective elements of attempted murder made out – held that the objective elements of attempted murder made out beyond a reasonable doubt.
Criminal Law Consolidation Act 1935 ss 11, 270A, 21, 269F, 269G, 269A, referred to.
R v T (1999) 75 SASR 235; R v Eagleton (1855) 169 ER 827; R v Cheeseman (1862) 169 ER 1337; R v Borinelli [1962] SASR 214; R v Barker [1924] NZLR 865; Davey v Lee [1968] 1 QB 366, considered.
R v REID
[2004] SASC 221Criminal
BESANKO J:
Introduction
Matthew Travis Reid is charged with attempted murder (ss 11 and 270A Criminal Law Consolidation Act 1935 (“CLCA”)). It is alleged that on 2nd July 2003 at Adelaide he attempted to murder Mr John Chaniotis. He is charged in the alternative with wounding with intent to do grievous bodily harm (s 21 CLCA). It is alleged that on 2nd July 2003 at Adelaide he unlawfully and maliciously wounded Mr John Chaniotis with intent to do him grievous bodily harm.
At hearings conducted before trial, the prosecution and the defence advised the Court that there was no dispute about the fact that the accused was mentally incompetent to commit either offence. The Court was referred to various psychiatric reports, namely, reports from Dr Craig Raeside dated 18th August 2003 and 12th November 2003 and reports from Dr Andrew Czechowicz dated 21st January 2004, 16th February 2004 and 2nd March 2004.
The charges were listed for trial before me on 30th June 2004. The accused has elected to be tried by judge alone.
Under Part 8A of the CLCA I…
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- AGLC
- R v Reid [2004] SASC 221
- Case
- [2004] SASC 221
- Decision Date
CaseChat Overview and Summary
The court examined the acts of the accused, which included bringing a large meat cleaver down in a chopping motion towards the victim’s head and swinging it from other directions towards his head multiple times. The court concluded that these actions clearly constituted the objective elements of attempted murder. The court was satisfied beyond reasonable doubt that the accused’s actions amounted to an attempt to murder the victim, regardless of the subjective intent to kill. Therefore, the court found that the objective elements of the offence of attempted murder were indeed made out.
Based on the findings, the court held that the objective elements of attempted murder were established beyond reasonable doubt, and the accused was found guilty of attempted murder. The court did not need to consider the issue of the accused’s mental competence as it pertained to the objective elements of the offence. The court did not specify the final orders, but typically, this would involve sentencing the accused for the offence of attempted murder.
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Background
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