District Court
New South Wales
Medium Neutral Citation: R v Trimmings [2021] NSWDC 156 Hearing dates: 27 January 2021 and by submissions Date of orders: 03 February 2021 Decision date: 03 February 2021 Jurisdiction: Criminal Before: Grant DCJ Decision: I find the accused not guilty.
Catchwords: Criminal law – judge alone trial – manslaughter –no obvious signs of injury- ‘sorry business’ – domestic relationship – expert evidence – relationship evidence – not guilty verdict
Legislation Cited: Crimes Act1900
Evidence Act 1995
Cases Cited: Barca v The Queen(1975) 133 CLR 82; [1975]HCA 42
Frawley (1992) 69 A Crim R 208
Harriman v The Queen (1989) 167 CLR 590
Peacock v The King (1911) 13 CLR 619; [1911] HCA 66
Plomp v The Queen (1963)110 CLR 234; [1963] HCA 44
R v AM (2000) 117 A Crim R 176
R v PL 261 ALR 365; [2009] NSW CCA 256
R v Toki (2000) 116 A Crim R 536; [2000] NSWSC 999
The Queen v Baden‑Clay (2016) 258 CLR 308; [2016] HCA 35
Category: Principal judgment Parties: Regina (Crown)
Greg Trimmings (Accused)Representation: Counsel:
Solicitors:
Mr Pincott (DPP)
Mr Wilson SC
Mr Thomas (DPP)
Ms Somerville
File Number(s): 2018/00135821
Judgment
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HIS HONOUR: I find Greg Trimmings not guilty and I enter a verdict of acquittal in relation to the record. The following are my reasons for doing so.
INTRODUCTION
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The accused, Gregory Trimmings, was in a domestic relationship with Ingrid Driver. In November 2017, they moved to Albury from South Australia. Eventually they were housed at 24/398 Olive Street, Albury. They resided in a one‑bedroom apartment. At 7.37am on 30 April 2018, the accused called triple‑0 and said to the operator that:
“There is a lady there. She got - she is, like, unconscious, and, like, blood coming out of the mouth … or nose or something … and then her grandmother died, and she was knocking her head, like headbutting the wall.”
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He told the operator that he had left the address and was not able to go back and help her. Police and ambulance responded to the call, locating the deceased lying on a sofa bed in the unit. There was an amount of blood on the pillow and an area near the deceased. She was unconscious.
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At marker D7, the door frame of the bathroom, there was blood of the deceased. There were no obvious signs of injury, but the blood from the mouth/nose indicated a suspected head injury. The deceased was taken from the unit to the Albury hospital. There was no obvious blood or damage to the walls of the residence other than at marker D7.
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The deceased was pronounced dead at Albury Hospital at 7.30pm on 30 April 2018. The direct cause of death was a right subdural haemorrhage. Other significant conditions contributing to the death were alcoholic liver…
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- AGLC
- R v Trimmings [2021] NSWDC 156
- Case
- [2021] NSWDC 156
- Decision Date
CaseChat Overview and Summary
The court had to determine whether the evidence presented, including expert and relationship evidence, was sufficient to prove the accused's guilt beyond reasonable doubt. The accused argued that the death was an unfortunate accident, and that there were no signs of intentional harm. The prosecution relied on circumstantial evidence, including the nature of the relationship between the accused and the deceased, and expert testimony on the likelihood of accidental death in such circumstances.
After considering all the evidence, the judge concluded that there was insufficient proof to establish the accused's guilt beyond reasonable doubt. The judge accepted that the death was a tragic event, but found that it could not be proven that the accused had intentionally or recklessly caused the death. The judge accepted the accused's version of events, that the death was a "sorry business" but not a result of any deliberate or reckless act on his part.
The court found the accused not guilty of manslaughter. The judge acknowledged the tragic nature of the incident but determined that the prosecution had not met the burden of proof required for a conviction. The accused was acquitted, and the court's decision was final.
Orders
Orders of the court
I find the accused 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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