R v Sullivan (No 2) - [2018] ACTSC 300

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:	R v Sullivan (No 2)
Citation:	[2018] ACTSC 300
Hearing Dates:	19 – 26 October 2018
DecisionDate:	30 October 2018
Before:	Elkaim J
Decision:	Accused found Not Guilty.
Catchwords:	CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – trial by judge alone – circumstantial case - verdict – accused found not guilty
Legislation Cited:	Supreme Court Act 1933 (ACT) s 68B
Cases Cited:	Chifuntwe v The Queen [2018] ACTCA 12 Fitzgerald v The Queen [2014] HCA 28; 88 ALJR 779 R v Baden-Clay [2016] HCA 35; 258 CLR 308
Parties:	The Queen (Crown) Joshua John Sullivan (Accused)
Representation:	Counsel Ms R Khazma (Crown) Ms J Campbell (Accused)
Solicitors ACT Director of Public Prosecutions (Crown) Legal Aid ACT (Accused)
File Number:	SCC 43A of 2018

ELKAIM J:

In accordance with s 68B of the Supreme Court Act 1933 (ACT), the accused elected to be tried by a judge alone.

At the commencement of the trial the accused pleaded not guilty to the single count in an indictment filed on 11 April 2018. This count alleges that the accused committed robbery in the company of an unknown person and at the time had an offensive weapon with him.

In particular it is alleged that on 21 August 2017, in the early hours of the morning, the accused entered the Raiders Belconnen Club and stole approximately $3,420. It is alleged that when he did so he was with an unknown person and he was armed with an offensive weapon.

Before looking at the evidence, it is necessary to state the legal principles that I must apply before arriving at a verdict. These are essentially standard directions.

The prosecution must prove its case beyond reasonable doubt. The accused is presumed to be innocent. He is referred to as an accused because the indictment is essentially no more than a formal allegation against him.

Suspicion and probability must play no part in my decision-making. As long as there is reasonable doubt, the accused must be found not guilty.

The prosecution does not have to prove the truth of each fact that is asserted in its case. However, it must prove each legal element of the charge beyond reasonable doubt.

The legal elements of the charge are:

(a)The accused appropriates something.
(b)The something that is appropriated is property.
(c)The property belongs to another person.
(d)The appropriation is dishonest according to the standards of ordinary people.
(e)At the time the accused appropriated the property he intended to permanently deprive the owner of the property, of that property.
(f)When committing the theft the accused used force on someone else or threatened to use force on someone else.
(g)The accused was in company with another person and had an offensive weapon with him at the time of committing the robbery.

In this case the defence has conceded that there is only one issue in the case: Was the accused involved in the robbery? If he was, then all…

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 Sullivan (No 2)

Details

AGLC: R v Sullivan (No 2) [2018] ACTSC 300
Case: [2018] ACTSC 300
Decision Date: 30 October 2018

CaseChat Overview and Summary

The case of R v Sullivan (No 2) involved the defendant, Sullivan, being tried for a criminal offence before a judge alone. The nature of the dispute was a serious criminal charge, which was to be determined by a judge sitting without a jury. The court before which this case was heard was a court of criminal jurisdiction, where the procedural and jurisdictional aspects of the criminal law were to be considered.

The central legal issue that the court had to address was whether the evidence presented was sufficient to convict the accused in a circumstantial case, where the conviction relied on a chain of circumstantial evidence. The court was tasked with determining whether the prosecution had proved the case beyond reasonable doubt, given the nature of the evidence presented. Additionally, the court had to consider whether the judge's decision to acquit the defendant was appropriate, given the evidence and legal principles applicable to such cases.

The court, in its reasoning, meticulously examined the evidence presented to determine whether it was sufficient to convict the accused. It considered the nature of circumstantial evidence and the standards of proof required in criminal cases. The court found that the evidence presented was not sufficient to establish the defendant's guilt beyond reasonable doubt, and thus acquitted the accused. The reasoning was based on the court's assessment that the prosecution had not met the necessary burden of proof, given the circumstantial nature of the evidence.

The final orders of the court were that the accused was found not guilty of the criminal charge. The court's decision was based on its finding that the prosecution had not established the required elements of the offence beyond reasonable doubt, thereby acquitting the defendant. This outcome reflects the court's careful consideration of the evidence and the applicable legal standards in reaching its decision.

Orders

Orders of the court

Accused found Not Guilty.

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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