Regina v Simon Bradley - [2002] NSWSC 1018

CITATION: REGINA v Simon BRADLEY [2002] NSWSC 1018

FILE NUMBER(S): SC 70032/02

HEARING DATE(S): 14/8/02, 15/8/02, 19/8/02, 20/8/02, 21/8/02, 22/8/02, 23/8/02

JUDGMENT DATE: 1 November 2002

PARTIES :

Regina
Simon Bradley

JUDGMENT OF: Bell J at 1

COUNSEL : Peter Miller (Crown)
April Francis (Accused)

SOLICITORS: S E O'Connor
Catherine Hunter (Accused)

LEGISLATION CITED: Crimes Act 1900
Criminal Procedure Act 1986

CASES CITED: R v Crombie [1999] NSWCCA 297

DECISION: Pursuant to s 9 of the Crimes (Sentencing Procedure) Act 1999 the offender is to enter into a good behaviour bond for a period of two years to date from today. That bond is subject to the conditions that (i) offender will appear before the Court if called upon to do so at any time during the term of the bond and (ii) offender will be of good behaviour throughout the term of the bond

IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION

BELL J

1 November 2002

70032/02 REGINA v Simon Mark BRADLEY
JUDGMENT

1 BELL J: On 14 August 2002 the offender was arraigned on an indictment charging him with being an accessory after the fact to the murder of Shahab Kargarian. The indictment contained a second count in the alternative which charged the offender with an offence contrary to s 315(1)(b) of the Crimes Act 1900 (“the Crimes Act”), namely that on 8 October 2000 at Greenwich he carried away and concealed a blue bag and its contents with intent to hinder the discovery of evidence concerning a serious indictable offence committed by David Leonard Colisson (“Colisson”), viz, maliciously wounding Shahab Kargarian with intent to do grievous bodily harm to Shahab Kargarian.

2 The offender pleaded not guilty to each count in the indictment. A jury was empanelled and he stood his trial. At the close of the Crown case I directed the jury to acquit the offender on the charge of being an accessory after the fact to the murder of Shahab Kargarian. The trial proceeded upon the alternative count. On 23 August 2002 the jury returned with a verdict of guilty in respect of that count.

3 The offender and Colisson were walking north along Greenwich Road at around 12.45am on Sunday 8 October 2000. Colisson was carrying a sports bag. The two had been together earlier that evening. A security camera at located on the footbridge at the Rooty Hill railway station filmed them walking towards the platform from which city bound trains depart. Colisson was carrying the same sports bag.

4 Shahab Kargarian and his friend, Shabnam Faiz, both aged seventeen years, had been out together with a group of friends on the evening of Saturday 7 October 2000. After leaving their friends they purchased some take-away food and drove to Greenwich Point. They stopped on Greenwich Road to eat their food and to watch the city lights from a vantage point overlooking the Shell terminal. They were standing on the eastern side of Greenwich Road when Shabnam…

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 Regina v Simon Bradley

Details

AGLC: Regina v Simon Bradley [2002] NSWSC 1018
Case: [2002] NSWSC 1018
Decision Date: 1 November 2002

CaseChat Overview and Summary

In Regina v Simon Bradley, Simon Mark Bradley was convicted of being an accessory after the fact by carrying away and concealing a blue bag and its contents with intent to hinder the discovery of evidence concerning a serious indictable offence committed by David Leonard Colisson. The offence occurred on 8 October 2000 at Greenwich, where Colisson shot and killed Shahab Kargarian. Bradley was found guilty of aiding Colisson by carrying the bag containing the murder weapon and concealing it, though he did not directly participate in the shooting. The legal issues before the court included whether Bradley's actions constituted an offence under s 315(1)(b) of the Crimes Act 1900 and the appropriate sentence for this conviction.

Bell J, in delivering the judgment, first directed the jury to acquit Bradley on the charge of being an accessory to murder but found him guilty of the alternative count of hindering the discovery of evidence. The court considered the maximum penalty for this offence to be seven years imprisonment but noted that if dealt with summarily, the maximum penalty would be two years. The court also considered mitigating factors, including Bradley's low average intellectual functioning, lack of social interest, and his intoxication at the time of the offence, which may have impaired his judgment. Despite the gravity of the underlying crime, the court found that Bradley's role was not premeditated, and he had already served eight weeks in custody.

Taking into account the brief duration of Bradley's involvement, the lack of planning, and his personal circumstances, Bell J concluded that a custodial sentence was not appropriate. Instead, the court imposed a good behaviour bond for two years, requiring Bradley to appear before the court if called upon and to remain of good behaviour throughout the term of the bond. This decision balanced the need for deterrence with the mitigating factors presented by the defence.

Orders