R v Yon Soo Choe - [2005] ACTSC 83

R v YON SOO CHOE [2005] ACTSC 83 (2 September 2005)

CRIMINAL LAW – trial by judge alone – attempted murder – accused stabbed victim three times – The Queen v Collins [2004] ACTSC 48 – whether the accused intended to kill the victim – intention to inflict grievous bodily harm – what the accused intended at the time of the attack as to the nature of the act and its consequences – alleged memory loss – whether the conduct of the accused was voluntary – medical and psychiatric evidence – thyrotoxicosis – whether the accused was, at the time of the offence, suffering from thyrotoxicosis and effect of such – whether affected cognitive function of the accused.

Supreme Court Act 1933 (ACT), s 68C
Crimes Act 1900 (ACT), s 12(1), s 49
Criminal Code 2002 (ACT), s 8, s 10, s14, s 18, s 44

Fleming v The Queen (1998) 197 CLR 250

The Queen v Collins [2004] ACTSC 48 (18 June 2004)
DPP v Smith [1961] AC 290
R v Campbell [1997] 2 VR 585
R v Nuri [1990] VR 641

Cutter v The Queen (1997) 71 ALJR 638

Knight v The Queen (1992) 175 CLR 495

Lishman, WA, Organic Psychiatry: the psychological consequences of cerebral disorder (3^rd ed, 1998)

No. SCC 231 of 2004

Judge: Gray J
Supreme Court of the ACT

Date: 2 September 2005

IN THE SUPREME COURT OF THE  )
  )  No. SCC 231 of 2004
AUSTRALIAN CAPITAL TERRITORY  )

THE QUEEN
v
YON SOO CHOE

ORDER

Judge:  Gray J
Date:  2 September 2005
Place:  Canberra

THE COURT FINDS:

In respect of the first count that Yon Soo Choe, on 3 June 2004 at Canberra in the Australian Capital Territory attempted to murder Jillian Clifford, that the accused is not guilty.

In respect of the third count that Yon Soo Choe, on 3 June 2004 intentionally inflicted grievous bodily harm on Jillian Clifford, that the accused is guilty.

On Thursday, 3 June 2004, at about 9.30 pm in the female toilets of the Canberra Casino, Canberra, Jillian Clifford, a tourist from New Zealand, was robbed at knife point and stabbed. The charges that Yon Soo Choe, a Korean national, now faces, arise from that event.

Yon Soo Choe (the accused) was arraigned before me on three charges:

…THAT on 3 June 2004 at Canberra in the Australian Capital Territory [he] attempted to murder Jillian Clifford.
AND FURTHER THAT on the 3 June 2004 at Canberra aforesaid [he] robbed Jillian Clifford of one Casino Canberra $25 money chip and one Casino Canberra $5 money chip and at the time of the robbery had with him an offensive weapon, namely a Swiss army style knife.
AND FURTHER THAT on the 3 June 2004 at Canberra aforesaid [he] intentionally inflicted grievous bodily harm on Jillian Clifford.

The accused pleaded not guilty to the first and third charges and guilty to the second charge.

On 6 April 2005, and before the court first allocated a date for…

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 Yon Soo Choe

Details

AGLC: R v Yon Soo Choe [2005] ACTSC 83
Case: [2005] ACTSC 83
Decision Date

CaseChat Overview and Summary

The case of R v Yon Soo Choe involved the defendant Yon Soo Choe, who was charged with attempted murder, robbery, and intentionally inflicting grievous bodily harm on the victim, Jillian Clifford, in Canberra. The charges stemmed from an incident on 3 June 2004, where Choe allegedly attacked Clifford in the women's toilets at the Canberra Casino. The court, presided over by Justice Gray, found Choe not guilty of attempted murder but guilty of intentionally inflicting grievous bodily harm. The legal issues at hand were whether Choe had the specific intent to kill Clifford, and whether he intentionally inflicted grievous bodily harm. The court considered the medical and psychiatric evidence, particularly the possible effects of thyrotoxicosis on Choe's mental state at the time of the offence. Ultimately, the court found that Choe's actions demonstrated an intent to inflict grievous bodily harm, even though there was insufficient evidence to prove intent to kill. The final orders were that Choe was found not guilty of attempted murder but guilty of intentionally inflicting grievous bodily harm on Jillian Clifford.

Orders