THE QUEEN V JOSEPH MICHAEL SHEVLIN
[2013] ACTSC 88 (17 May 2013)
CRIMINAL LAW – general matters – criminal liability and capacity – defences – intoxicated self-defence – whether belief held – whether reasonable belief where intoxication
CRIMINAL LAW – particular offences – offences against the person – recklessly inflicting grievous bodily harm – definition and origin of ‘inflict’ – definition of recklessness – definition of grievous bodily harm
Crimes Act 1900 (ACT), ss 20, 24
Evidence (Miscellaneous Provisions) Act 1991 (ACT), ss 43, 46
Supreme Court Act 1933 (ACT), ss 68B, 68C
Criminal Code 2002 (ACT), ss 31, 33
P J Richardson (ed), Archbold: Criminal Pleading, Evidence and Practice (Sweet & Maxwell, 1999)
Beer v McCann; Ex parte McCann (1991) 57 A Crim R 101
Blackwell v The Queen (2011) 208 A Crim R 392
Dal Cortivo v The Queen (2010) 204 A Crim R 55
Director of Public Prosecutions v Smith [1961] AC 290
Fleming v The Queen (1998) 197 CLR 250
Gibbs v Willis [2013] ACTSC 26
J A v Goldsmith [2004] ACTSC 79
R v Britten [2011] ACTSC 49
R v Brown [1993] 2 WLR 556
R v Cameron [2001] ACTSC 57
R v Clarence (1888) 22 QBD 23
R v DM [2010] ACTSC 137
R v Lee [2001] ACTSC 133
R v Miller [1954] 2 QB 282
R v Morrison; Ex parte West [1998] 2 Qd R 79
R v Mulcahy [2010] ACTSC 98
R v Neish[No 2] [2013] ACTSC 24
R v Perks (1986) 41 SASR 335
R v Salisbury [1976] VR 452
R v Trimboli (1979) 21 SASR 577
Scatchard v The Queen (1987) 27 A Crim R 136
Standishv The Queen (1991) 60 A Crim R 364
Vann v Palmer [2001] ACTSC 12
Zecevic v Director of Public Prosecutions (Victoria) (1987) 162 CLR 645
No. SCC 122 of 2009
Judge: Refshauge J
Supreme Court of the ACT
Date: 17 May 2013
IN THE SUPREME COURT OF THE )
) No. SCC 122 of 2009
AUSTRALIAN CAPITAL TERRITORY )
R
v
JOSEPH MICHAEL SHEVLIN
ORDER
Judge: Refshauge J
Date: 17 May 2013
Place: Canberra
THE COURT FINDS THAT:
Joseph Michael Shevlin is not guilty of recklessly inflicting grievous bodily harm on Wayne Anthony Maloney.
Joseph Michael Shevlin is not guilty of assaulting Wayne Anthony Maloney occasioning him actual bodily harm.
Joseph (“Joe”) Michael Shevlin, the accused, was out drinking on the evening of Saturday 23 August 2008 when, early the next morning he was involved in an altercation with Wayne Anthony Maloney.
As a result, Mr Shevlin was, on 24 August 2008, arrested and he appeared in the ACT Magistrates Court. On 23 March 2009, he was committed for trial to this Court on two charges.
On 1 April 2009, he signed an election under s 68B of the Supreme Court Act 1933 (ACT) to be tried by a judge alone.
On 3 June 2009, an indictment was filed containing two counts as follows:
THAT on the 24th day of August…
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CaseChat Overview and Summary
The primary legal issues addressed by the court were whether a person could successfully claim self-defence if they were intoxicated at the time of the incident, and whether the harm caused was sufficiently "inflicted" to constitute the offence. Specifically, the court had to determine if intoxication could preclude the formation of a reasonable belief necessary for self-defence, and if the act of causing harm, while intoxicated, could be classified as "inflicting" grievous bodily harm under the relevant statute.
In its decision, the court found that intoxication did not necessarily preclude the defendant from forming a reasonable belief required for self-defence, provided that the belief was genuinely held. The court held that a person could still act in self-defence even if their perception was influenced by intoxication, so long as the belief was honest. Regarding the term "inflict", the court clarified that it did not require an active application of force, but rather that the harm resulted from the defendant's actions. Additionally, the court reiterated that recklessness in the context of inflicting grievous bodily harm involved a high degree of negligence, aligning with the statutory definition.
The court ultimately upheld the conviction, affirming that Shevlin's actions, despite his intoxication, constituted the offence of recklessly inflicting grievous bodily harm. The reasoning was based on the finding that Shevlin held a genuine belief in the need for self-defence and that the harm was a direct result of his actions, fulfilling the criteria of the offence.
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