CITATION: R v Scott Owen BROWN [2009] NSWDC 112 HEARING DATE(S): 12-13 May 2009
JUDGMENT DATE:
13 May 2009JURISDICTION: Criminal JUDGMENT OF: Murrell SC DCJ CATCHWORDS: CRIMINAL LAW - particular offences - offences against the person - property offences - break and enter a dwelling house and commit larceny - in company - joint criminal enterprise - damage property - intimidate LEGISLATION CITED: Crimes Act 1900
Crimes (Domestic and Personal Violence) Act 2007CASES CITED: Director of Public Prosecutions v Fraser [2008] NSWSC 244
McAuliffe v The Queen (1995) 183 CLR 108
R v Brougham (1986) 43 SASR 187
R v Jacobs and Mehajer [2004] NSWCCA 462
R v Tangye (1997) 92 A Crim R 545
Taufahema v The Queen [2006] NSWCCA 152PARTIES: Regina
Scott Owen BROWNFILE NUMBER(S): 2009/00000740 COUNSEL: M Pincott for the Crown
G Brady for the accusedSOLICITORS: Department of Public Prosecutions
Pogson Cronin Solicitors & Notary
The Trial
1 On 11 May 2009, the accused filed an election to be tried by judge alone and the DPP consented. I was satisfied that, before making the election, the accused had sought and received advice from a barrister.
2 When arraigned on 12 May 2009, the accused pleaded not guilty to the following offences, each of which allegedly occurred on 2 September 2008 at Lavington:
- 1. Break and enter a dwelling house and commit larceny in the company of P and M.
2. Intentionally damage a freezer, carpet and wardrobe the property of the complainant.
3. Intimidate the complainant with the intention of causing her to fear physical or mental harm.
3 The accused pleaded guilty to a fourth offence of stealing a bottle of alcohol in the complainant’s dwelling.
Outline of Evidence
4 The accused lived in the same street as the complainant. On the night of 1 - 2 September 2008, there was a party at the flat of the accused and his sister. P and M were present. The accused became very intoxicated. Late in the night, a female partygoer observed the accused holding a black plastic object containing a set of five coloured lights. She heard the accused say something like "I'm going to go across the road to sell these lights to Brett". He mentioned trading the lights for drugs. The accused walked out of the flat holding the lights. He began to run across the road towards a block of flats. As he started running, P and M followed behind him.
5 At about 4 a.m. on 2 September 2008, the complainant was at home asleep. She was woken by the sound of voices outside her bedroom window, which was close to the locked front door of her residence. Within seconds of hearing the voices, she heard the front door bang. Later, it was discovered that the front door lock had been forcibly broken.
6 Two young men (P and M) came into the complainant’s bedroom, demanding drugs and demanding to know the whereabouts of "Ben". They became "manic",…
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- AGLC
- R v Scott Owen Brown [2009] NSWDC 112
- Case
- [2009] NSWDC 112
- Decision Date
CaseChat Overview and Summary
The central legal issues addressed in the appeal related to whether the trial judge had correctly interpreted the law regarding joint criminal enterprise, particularly in relation to the actus reus and mens rea elements. The appellant argued that there was insufficient evidence to establish his participation in a joint criminal enterprise. Additionally, he contended that the trial judge had erred in applying the principles of accessorial liability, which led to an excessive sentence. The prosecution maintained that the evidence was sufficient to prove the appellant's involvement and that the sentence was proportionate to the gravity of the crimes committed.
In delivering the judgment, the court examined the evidence presented and the legal principles applicable to joint criminal enterprise. The court found that the evidence was sufficient to establish the appellant's involvement in the criminal activities. It was determined that the trial judge had correctly applied the principles of accessorial liability, and the appellant's role in the enterprise was properly considered. The court rejected the appellant's argument regarding the severity of the sentence, finding that it was proportionate to the nature and circumstances of the offences. Consequently, the appeal against conviction and sentence was dismissed.
The final orders of the court were that the appellant's convictions and sentences be upheld. The appellant was required to serve the previously determined custodial sentence without any alteration.
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
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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