R v Scroop [2020] NSWDC 953

District Court New South Wales

Medium Neutral Citation: R v Scroop [2020] NSWDC 953 Hearing dates: Monday 29 June – Friday 3 July 2020, Monday 6 July 2020. Date of orders: Friday 10 July 2020 Decision date: 10 July 2020 Jurisdiction: Criminal Before: Tupman DCJ Decision: The accused is acquitted on both counts. Catchwords: CRIME – Judge alone trial – Judgment - Two counts on indictment – Wounding with intent to cause GBH – Cause GBH being reckless as to causing ABH – Victim and accused in domestic relationship – Victim suffered deep wound to her neck by a knife – Wound caused by accused who had knife in his hand when he pushed victim out of the way and where the knife made contact with victims neck - Medical evidence finds it is reasonably possible that the wound was created unintentionally when accused pushed past victim. Legislation Cited: Crimes Act 1900 (NSW): ss 428C(1), 428D. Category: Principal judgment Parties: Regina (The Crown) Kevin Scroop (The Accused) Representation: Counsel: Mr. T. Buckingham (The Crown) Mr. J. Brock (The Accused)

Solicitors: Mr. S. Chua (The Crown) Ms. H. Rake (The Accused) File Number(s): 2017/00320997

Judgment 1. HER HONOUR: This is the judgment in the trial of Kevin Dean Scroop. The accused is before the Court for trial, having pleaded not guilty to two counts in an indictment dated 6 August 2019. The trial has proceeded by way of judge alone trial. The counts in the indictment are as follows:

Count 1: That on 7 October 2017 at Glendenning he wounded Racheal Lee with the intention of causing her grievous bodily harm.