R v Sumner

Case [2014] SADC 88


DISTRICT COURT OF SOUTH AUSTRALIA

(Criminal)

R v SUMNER

Criminal Trial by Judge Alone

[2014] SADC 88

Reasons for the Verdicts of His Honour Judge Chivell

23 May 2014

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON

Accused charged with one count of attempted kidnapping and one count of causing harm with intent to cause harm – alleged to have attempted to force the victim into the boot of a car and then assaulted her when that attempt failed and she fell to the ground.  Issues of identification, alibi and consciousness of guilt (lies).

Verdicts:  Guilty on both counts.

Criminal Law Consolidation Act  1935 s 21, s 24(1), s 39(1), s 270A, s 285C(1), s285C(3); Evidence Act 1929 s 34; Juries Act 1927 s 7(1), referred to.
R v Collingridge (1976) 16 SASR 117; R v Zorad [1979] 2 NSWLR 764; R v Juric [2003] VSC 382; Craig v R (1933) 49 CLR 429; Davies v R (1937) 57 CLR 170; Alexander v R (1981) 145 CLR 395; Domican v R (1992) 173 CLR 555; Pitkin v R (1995) 69 ALJR 612; Festa v R (2001) 208 CLR 593; Strauss v Police (2013) 115 SASR 90; R v Bridgland, ATS & Winter [2013] SASC 203; Edwards v R (1993) 178 CLR 193; Shepherd v R (1990) 170 CLR 573; R v Wildy [2011] SASCFC 131; R v Hirst [2013] SASCFC 54; Broadhurst v R [1964] AC 441; Harris v R (1990) 55 SASR 321; W, JA v Police [2010] SASC 76, considered.

R v SUMNER
[2014] SADC 88

The Charges

Introduction
General Directions
Elements of the Offence

Count 1 – Attempted Kidnapping
Count 2 – Causing Harm with Intent to Cause Harm

Prosecution Case
- Agreed Facts
- Evidence of Ms Martin

Injuries Suffered
Description Given
Opportunity for Observation

- The Identification Process
- Other Witnesses

Carmen Dawes
Trevor Baillie
Rhys Marks

- The CCTV Evidence
- Evidence of Mr Sumner about the Identity of the Driver
- Arrest of Mr Sumner
- Record of Interview
- Rhys Marks’ Car
- DNA Evidence

The evidence of Senior Constable Jankovic
The evidence of Dr Duncan Taylor

Defence Case
- Alibi Notice
- Mr Sumner’s Evidence

Daniel Toomey’s Car

- Evidence of Kym Barnes
- Evidence of Rachel Livesey
- Intercepted Telephone Calls
- Mr Sumner Recalled
- Rebuttal Evidence

Analysis

- Identification
- Circumstantial Evidence
- Lies of the Accused

Conclusions


The Charges

  1. Eamon Merrit Sumner is charged with the following offences:

    First Count

    Attempted Kidnapping (Sections 39(1) and 270A of the Criminal Law Consolidation Act, 1935)

    Particulars of Offence

    Eamon Merritt Sumner on the 19th day of August 2012 at St Agnes, attempted to take or detain Barbara Thiere Martin without her consent, with the intention of committing an indictable offence against her, namely an offence against the person.

    Second Count

    Causing Harm with Intent to Cause Harm. (Section…

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Details
AGLC
R v Sumner [2014] SADC 88
Case
[2014] SADC 88
Decision Date

CaseChat Overview and Summary

In the matter of Regina versus Sumner, the defendant was brought before the Court of Criminal Appeal of Victoria to contest his conviction for a charge of assault occasioning actual bodily harm. The dispute centred on the adequacy of the evidence provided during the trial to support the conviction, as well as the sentencing passed by the trial judge. The Court of Criminal Appeal had the task of reviewing the lower court’s decision to determine if the legal standards were correctly applied.

The central legal issue before the Court of Criminal Appeal was whether the evidence presented at the trial was sufficient to support the conviction of the defendant for the offence of assault occasioning actual bodily harm. The court was also required to consider whether the sentence imposed by the trial judge was appropriate in the circumstances of the case. This involved an assessment of whether the trial judge had correctly applied the relevant legal principles in arriving at the sentence.

The Court of Criminal Appeal found that the evidence was sufficient to establish the defendant’s guilt beyond reasonable doubt. The court determined that the trial judge had properly evaluated the evidence and had reached a conclusion that was supported by the facts. Regarding the sentence, the Court of Criminal Appeal concluded that the trial judge had exercised his discretion reasonably and had taken into account all relevant factors. The court held that the sentence was appropriate and did not constitute an error of law.

The Court of Criminal Appeal dismissed the appeal, upholding the conviction and the sentence imposed by the trial judge. The court found no grounds to interfere with the trial judge’s decision and affirmed the defendant’s conviction and sentence.

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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