District Court
New South Wales
Medium Neutral Citation: R v White [2021] NSWDC 577 Hearing dates: 25 October 2021 Date of orders: 26 October 2021 Decision date: 26 October 2021 Jurisdiction: Criminal Before: Abadee DCJ Decision: See paragraph 71
Catchwords: CRIMINAL LAW – conviction appeal – going onto or remaining on running lines and intentionally damaging train carriages – whether appellant intentionally or recklessly encouraged or assisted in damage to train carriages
Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW) s 11
Crimes Act 1900 (NSW) s 195
Evidence Act 1995 (NSW) s 138
Graffiti Control Act 2008 (NSW) s 4
Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) ss 35, 36
Passenger Transport (General) Regulation 2017 (NSW) s 68J
Cases Cited: Charara v R (2006) 164 A Crim R 39
De Silva v The Queen (2019) 268 CLR 57
Fox v Perry (2003) 214 CLR 118
Grajewski v Director of Public Prosecutions (NSW) (2019) 264 CLR 470
Liberato v The Queen (1985) 159 CLR 507
Lunney v DPP [2021] NSWCCA 186
M v The Queen (1994) 181 CLR 487
Walton v Salmon (NSWSC, Loveday J, 24 April 1992)
Category: Principal judgment Parties: Director of Public Prosecutions (NSW) (respondent)
Lukas White (appellant)Representation: Counsel:
Solicitor:
Mr E Freelander (solicitor advocate) for the Director of Public Prosecutions (NSW)
Appellant in person
Solicitor for Public Prosecutions (NSW)
File Number(s): 2017/00367447 Publication restriction: Nil Decision under appeal
- Court or tribunal:
- Local Court of New South Wales
- Jurisdiction:
- Criminal
- Citation:
Unreported
- Date of Decision:
- 26 April 2021
- Before:
- Magistrate M Connell
- File Number(s):
- 2017/00367447
Judgment
Background
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The appellant appeals against convictions against him by the Sutherland Local Court on 26 April 2021, arising from conduct between 12:01am and 12:11am on 5 December 2017 at Sutherland. The first offence (seq 2) was that contrary to s 68J(1)(b) of the Passenger Transport (General) Regulation 2017 (NSW) (‘the Regulation’), he had gone on to or into or remained on or in running lines. The second offence (seq 5) was that contrary to s 195(1)(a) of the Crimes Act 1900 (NSW), he intentionally damaged property, being carriages 5255, 5256 and 6256 that formed part of a Tangara-class rolling stock train, being the property of Sydney Trains.
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The appellant was acquitted of two other charges associated with the above conduct; being driving a vehicle (belonging to his father) in excess of the speeding limit, contrary to road rule 20; and driving the said vehicle through a red traffic light (road rule 59). This alleged conduct had occurred after the offending conduct.
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The appeal is brought pursuant to s 11 of the Crimes (Appeal and Review) Act 2001 (NSW).
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On the appeal, the Crown put forward the evidence before the Magistrate (Exhibit A). The Crown also played to the Court film taken from Exhibit 3 from the Local Court, without objection. The appellant, who represented himself in the appeal (with a McKenzie friend, without objection by the Crown), did not…
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- AGLC
- R v White [2021] NSWDC 577
- Case
- [2021] NSWDC 577
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the appellant's actions constituted recklessly encouraging or assisting in the damage to train carriages. The court had to examine the relevant statutory provisions and determine whether the prosecution had proved beyond reasonable doubt that the appellant acted with the requisite mens rea for the offence. The court also needed to consider the context and circumstances in which the appellant's actions occurred, including his state of mind and intent at the time of the offence.
In reaching its decision, the court examined the evidence presented, including witness statements, CCTV footage, and the appellant's own admissions. The court found that the prosecution had established that the appellant was present at the scene and had engaged in activities that were likely to cause harm to the train carriages. The court held that the appellant's actions were reckless and that he had encouraged or assisted in the damage to the carriages. The court rejected the appellant's argument that his actions were not intentional or reckless, finding that the evidence supported a finding of recklessness on the part of the appellant. The appeal was accordingly dismissed.
The court ordered that the appellant's conviction stand as decided by the trial court. The court did not alter the sentence imposed by the trial court and confirmed that the appellant was to serve his sentence as previously determined. The court's decision was based on a careful examination of the evidence and a consideration of the statutory provisions relevant to the offence. The court found that the prosecution had proved the necessary elements of the offence beyond reasonable doubt, and the appeal was dismissed accordingly.
Orders
Orders of the court
See paragraph 71
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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