R v Bird-Walton (A pseudonym) [2020] NSWDC 730

District Court New South Wales

Medium Neutral Citation: R v Bird-Walton (A pseudonym) [2020] NSWDC 730 Hearing dates: 23,24,25 and 28 September 2020 Date of orders: 06 November 2020 Decision date: 06 November 2020 Jurisdiction: Criminal Before: Grant DCJ Decision: The accused is found guilty of count 1. Catchwords: Criminal Law - Judge alone trial – meaning of reckless grievous bodily harm – fractured skull – expert evidence Legislation Cited: Crimes Act 1900 Criminal Procedure Act 1986 Cases Cited: Fleming v The Queen (1998) 197CLR 250 Swan v R [2016] NSWCCA 79 Haoui v R [2008] NSWCCA 209 R v Woodland [2007] NSWCCA 29 Singh v DPP (2006) 164 A Crim R 284 Vann v Palmer [2001] ACTSC 12 The Queen v Baden Clay (2016) 258 CLR 308 Category: Principal judgment Parties: Regina (Crown) Accused (NBW) Representation: Counsel: Mr Smith (Crown) Mr King (accused)

Solicitors: Ms Coleman (Crown) Ms Mckay (Legal Aid) File Number(s): 2019/00122078 Publication restriction: Non publication order re identity of accused and the complainant.

Judgment 1. HIS HONOUR: On 23 September the accused, NBW was arraigned before me at the Albury District Court on the following charge: between 26 October 2018 and 29 October 2018 at Merungle Hill in the State of New South Wales, NBW did recklessly cause grievous bodily harm to AT, contrary to s 35(2) of the Crimes Act 1900. 2. The accused pleaded not guilty to the charge. The matter proceeded as a judge alone trial, as consented to by the parties on 24 August 2020.