R v Alty [2022] NSWDC 62

District Court New South Wales

Medium Neutral Citation: R v Alty [2022] NSWDC 62 Hearing dates: 08 and 09 March 2022 Date of orders: 09 March 2022 Decision date: 09 March 2022 Jurisdiction: Criminal Before: Grant DCJ Decision: 1. I find the accused not guilty of count 1 and the alternative count. Catchwords: Criminal Law – Judge alone – accused COVID positive – proceedings conducted via virtual court with no personal appearances – Aggravated enter dwelling with intent – witness criminally concerned in the events – honesty and reliability of the witness – not guilty verdict Legislation Cited: Crimes Act 1900 Evidence Act 1995 Criminal Procedure Act 1986 Cases Cited: Azzopardi v The Queen (2001) 205 CLR 50 Fleming v The Queen (1998) 197 CLR 250 Ilich v R (1986) 162 CLR 110 Category: Principal judgment Parties: Regina (Crown) Nathan John Alty (Accused) Representation: Counsel: Mr M Pincott (Crown) Mr C Watson (Accused)

Solicitors: Director of Public Prosecutions (NSW) David Davidge (Accused) File Number(s): 2019/00404345 Publication restriction: Nil

Judgment 1. In the trial of Nathan Alty, I find the accused not guilty in relation to both counts, and these are my reasons. 2. On 8 March 2022 the accused, Nathan Alty, was arraigned before me at the Griffith District Court on the following charge: on 10 May 2018 at Tooleybuc in the State New South Wales, did enter the dwelling-house of Glenn Marsh with intent to commit a serious indictable offence, namely, larceny, in circumstances of aggravation, namely knowing that persons were in the place where the offence was committed, contrary to s 111(2) of the Crimes Act 1900. 3. The accused has been further charged in the alternative that on 10 May 2018, at Tooleybuc in the State of New South Wales, entered the dwelling house of Glenn Marsh with intent to commit an indictable offence, namely, larceny, contrary to s 114(1)(d) of the Crimes Act 1900. 4. The accused pleaded not guilty to both charges. The matter proceeded as a judge alone trial, as consented to by the parties on 7 March 2022.