R v Dawson [2022] NSWDC 413

District Court New South Wales

Medium Neutral Citation: R v Dawson [2022] NSWDC 413 Hearing dates: 15 June 2022 – 20 June 2022 Crown submissions received: 24 July 2022 Defence submissions received: 14 August 2022 Date of orders: 14 September 2022 Decision date: 14 September 2022 Jurisdiction: Criminal Before: Grant DCJ Decision: I find the accused guilty. Catchwords: CRIMINAL LAW – Judge-alone trial – reckless grievous bodily harm – causation – definition of recklessness – consciousness of guilt – whether a plea to one count can be used as evidence in proof of plea to another count – Crown application to reopen its case – discharge or a firearm – shortened firearm – sawn-off shortened shotgun – firearm held with one hand – accused's finger on the trigger – expert evidence – trigger-pull of the firearm – whether the act of the accused is a substantial or significant cause or contributing factor to the injury – guilty verdict Legislation Cited: Crimes Act 1900 Criminal Procedure Act 1986 Evidence Act 1995 Cases Cited: Fleming v The Queen (1998) 197 CLR 250 Hansford v McMillan [1976] VR 743 Haoui v R [2008] NSWCCA 209 Lawrence v R (1981) 38 ALR 1 R v Amanatidis [2001] NSWCCA 400 R v Bastin [1971] Crim L R 529 R v Donovan [1934] 2 KB 498 Shaw v R (1952) 85 CLR 365 Category: Principal judgment Parties: Rex Joseph Dawson Representation: Counsel: Ms M Aresh, solicitor advocate (Crown) Mr D Pace (Accused)