R v Simpson, Warrior & Austin - [2016] SADC 33

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 33
Introduction

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 29^th 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 29^th 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…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Simpson, Warrior & Austin

Details

AGLC: R v Simpson, Warrior & Austin [2016] SADC 33
Case: [2016] SADC 33
Decision Date: 5 April 2016

CaseChat Overview and Summary

The defendants were charged with aggravated serious criminal trespass and aggravated assault causing harm in relation to an alleged home invasion. The prosecution case relied entirely upon the evidence of the complainant and his partner. The complainant gave evidence that he and his partner were attacked by the defendants in their home. He claimed that he and his partner were confronted by four armed men, who broke down the door and entered their home. He and his partner were severely threatened and injured by the defendants. The defendants gave evidence in police interviews, which was admitted as part of the prosecution case. They each gave accounts that were entirely inconsistent with the evidence of the complainant and his partner. The trial judge was not satisfied beyond reasonable doubt that the defendants were guilty of the offences as alleged. The judge found the prosecution case was undermined by a number of inconsistencies and implausibilities. The defendants were acquitted of both counts.

Orders