R v Eliot (a pseudonym) (No. 2) [2022] NSWDC 346

District Court New South Wales

Medium Neutral Citation: R v Eliot (a pseudonym) (No. 2) [2022] NSWDC 346 Hearing dates: 4 August 2022 – 8 August 2022 Date of orders: 17 August 2022 Decision date: 17 August 2022 Jurisdiction: Criminal Before: Grant DCJ Decision: The accused is not guilty of the count on the indictment. The accused is not guilty of the alternative count Catchwords: CRIMINAL LAW – judge-alone trial – conspiracy to murder – solicit to murder – young person Legislation Cited: Crimes Act 1900 Criminal Procedure Act 1986 Evidence Act 1995 Cases Cited: Fleming v The Queen (1998) 197 CLR 250 Category: Principal judgment Parties: Regina (Crown) Thomas Eliot (a pseudonym) (Accused) Representation: Counsel: Mr P Kerr (Crown) Ms C Mendes (Accused)

Solicitors: Solicitor for the Director of Public Prosecutions (Crown) Legal Aid Commission (Accused) File Number(s): 2020/00232780 Publication restriction: Pursuant to section 7 of the Court Suppression and Non-Publication Orders Act 2010, there be no publication, except for the proper conduct of these proceedings, of: a. The city in which the school is located and any information that would tend to identify the city; b. The name of the school and any information that would tend to identify the school;

Pursuant to s15A Children (Criminal Proceedings) Act 1987, there is to be no publication of any information, picture or other material that identifies or is likely to lead to the identification of a child. Identifying information has been removed from this judgment to comply with the statute. Pseudonyms have been used for the names of the accused and other children.