R v Thomas Beattie

[2024] NSWDC 651

District Court

New South Wales

Medium Neutral Citation:

R v Thomas BEATTIE [2024] NSWDC 651

Hearing dates:

2 December – 5 December 2024

Decision date:

05 December 2024

Jurisdiction:

Criminal

Before:

Everson SC, DCJ

Decision:

1.        On count 1 I find the accused NOT GUILTY.

2.        On the 2^nd count I find the accused GUILTY.

Category:

Principal judgment

Parties:

Rex
Thomas Beattie

Representation:

Crown: Ms C Hurford, instructed by the Solicitor for Public Prosecutions

Accused: Ms T Hennessy, instructed by Legal Aid Commission, NSW

File Number(s):

2022/00184103

JUDGMENT

Introduction

1. Mr Thomas BEATTIE ("the accused") was presented for trial on an indictment pleading three alleged offences. The 1st count charged him with wounding Brendan Cook with intent to murder at Cambridge Park on 21 June 2022. That is an offence contrary to section 27 of the Crimes Act 1900. The 2nd count was pleaded in the alternative to the 1st count, and it charged the accused with wounding Brendan Cook with intent to cause grievous bodily harm. It is an offence contrary to sub-section 33(1)(a) of the Crimes Act. The 3rd count was pleaded in the alternative to the 2nd count, and it charged the accused with wounding Brendan Cook whilst being reckless as to causing actual bodily harm, contrary to sub-section 35(4) of the Crimes Act.

2. Upon arraignment before me on 2 December 2024, the accused pleaded not guilty to the 1st and 2nd counts. The accused pleaded guilty to the 3rd count. The Crown declined to accept that plea of guilty in discharge of the indictment. Whilst the plea of guilty remains, the accused stood trial only on the 1st and 2nd counts.

3. The trial proceeded without a jury.

4. The case itself concerned an incident involving motorists that had been driving on a public road. The accused was one of those motorists. He gave evidence in the trial. Consistent with his plea of guilty to the 3rd count, he admits wounding Mr Cook, the other motorist. The accused denies wounding Mr Cook with either an intention to murder, or an intention to cause grievous bodily harm.

5. As prescribed by section 133 of the Criminal Procedure Act 1986 (NSW), this Court's judgment must state the applicable principles of law, including any warnings that would have been given to a jury trying the case and the findings of fact relied upon in reaching the verdicts.

6. That latter phrase means stating the findings on the main grounds critical to the contest between the parties, and on which the verdict rests. It also means exposing the Court's reasoning process by linking the relevant principles of law to the facts as found. I am not required to generally summarise the evidence. I have been assisted in that regard by the detailed summary by the Crown prosecutor in her closing address. As well, I have a transcript of all of the evidence.

Principles of Law

7. The applicable principles of law start with an acknowledgment of my roles.

Impartiality

8. In this bench trial,…