DISTRICT COURT OF SOUTH AUSTRALIA
(Criminal)
R v SIMPSON, WARRIOR & AUSTIN
Criminal Trial by Judge Alone
[2016] SADC 33
Reasons for the Verdicts of His Honour Judge Muscat
5 April 2016
CRIMINAL LAW
Defendants jointly charged with one count of Aggravated Serious Criminal Trespass in a Place of Residence and one count of Aggravated Assault Causing Harm.
Totality of evidence has failed to prove guilt of the defendants beyond reasonable doubt.
Verdicts: Not guilty of Counts 1 and 2.
R v SIMPSON, WARRIOR & AUSTIN
[2016] SADC 33Introduction
Cassius Alex Donald Simpson, Joshua Clifford Warrior and Leon Monty Austin are jointly charged on an Information dated 4 August 2015, with the following two offences relating to an alleged home invasion:
First Count
Statement of Offence
Aggravated Serious Criminal Trespass in a Place of Residence. (Section 170(1) of the Criminal Law Consolidation Act, 1935).
Particulars of Offence
Cassius Alex Donald Simpson, Joshua Clifford Warrior and Leon Monty Austin on the 29th day of March 2014 at Port Pirie, entered or remained in the place of residence of Kenneth Miller as a trespasser, with the intention of committing an offence therein, namely an offence against the person.
It is further alleged that Cassius Alex Donald Simpson, Joshua Clifford Warrior and Leon Monty Austin committed the offence whilst Kenneth Miller was lawfully present in the place of residence, and that they knew of his presence, or were reckless as to whether anyone was present in the said place of residence.
It is further alleged that Cassius Alex Donald Simpson, Joshua Clifford Warrior and Leon Monty Austin committed the offence in company with each other.
It is further alleged that Cassius Alex Donald Simpson, Joshua Clifford Warrior and Leon Monty Austin used or threatened to use an offensive weapon while committing the offence, namely a knife, machete or pole.
Second Count
Statement of Offence
Aggravated Assault Causing Harm. (Section 20(4) of the Criminal Law Consolidation Act, 1935).
Particulars of Offence
Cassius Alex Donald Simpson, Joshua Clifford Warrior and Leon Monty Austin on the 29th day of March 2014 at Port Pirie, assaulted Kenneth Miller and thereby caused him harm.
It is further alleged that Cassius Alex Donald Simpson, Joshua Clifford Warrior and Leon Monty Austin committed the offence in company with each other.
It is further alleged that Cassius Alex Donald Simpson, Joshua Clifford Warrior and Leon Monty Austin used or threatened to use an offensive weapon while committing the offence, namely a knife.
Each defendant is presumed innocent of the charges that he faces. The prosecution bears the onus of proving the charges against each defendant beyond reasonable doubt.
None of the defendants gave or called any evidence. I have not drawn any inference against them or the submissions which have been made to me on their behalf because of that.
The prosecution tendered police interviews conducted with Simpson and Warrior, in which each denied committing the offences. That evidence formed part of the overall evidence considered by me…
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