R v Parkinson; R v Coats [2020] NSWSC 794

Supreme Court New South Wales

Medium Neutral Citation: R v Parkinson; R v Coats [2020] NSWSC 794 Hearing dates: 15; 16; 17; 18; 22 June 2020 Date of orders: 24 June 2020 Decision date: 24 June 2020 Jurisdiction: Common Law Before: Campbell J Decision: My verdicts are: (1) In the matter of the Queen v Heath Parkinson, Heath Parkinson is not guilty of the murder of Christopher Quirk. (2) I direct the recording of an acquittal on that charge on the indictment. (3) In the matter of the Queen v Adam Coats: (i) Adam Coats is not guilty of the attempted murder of Christopher Quirk; (ii) By his plea of guilty to Count 3 on the indictment, I convict Adam Coats of an offence under s 33(1)(b) of the Crimes Act 1900 (NSW) of causing grievous bodily harm to Christopher Quirk with intent to cause grievous bodily harm. Catchwords: CRIME – Murder – Defences – Self-defence – whether the Crown excluded self-defence beyond reasonable doubt CRIME - Murder – Attempted murder – Mental element – Intention to kill – Effect of intoxication – whether the accused turned their mind to the achievement of the purpose to kill Legislation Cited: Crimes Act 1900 (NSW) ss 18, 27, 33, 418, 419 Criminal Procedure Act 1986 (NSW) ss 133, 365 Evidence (Audio and Audio Visual Link) Act 1998 (NSW) ss 22C, 22C(7) Cases Cited: Alford v Magee (1952) 85 CLR 437; [1952] HCA 3 Douglass v The Queen (2012) 86 ALJR 1086; [2012] HCA 34 R v Moffatt (2000) 112 A Crim R 201; [2000] NSWCCA 174 R v Murray (1987) 11 NSWLR 12 Smale v R [2007] NSWCCA 328 Category: Principal judgment Parties: Regina (Crown) Heath Kevin Parkinson (Accused) Adam Dennis Coats (Accused) Representation: Counsel: T. Bailey (Crown) D Carroll (Accused - Parkinson) E Wilson SC (Accused – Coats)