R v Steele [2022] NSWDC 603

District Court New South Wales

Medium Neutral Citation: R v Steele [2022] NSWDC 603 Hearing dates: 28 November 2022, 29 November 2022, 30 November 2022 Date of orders: 2 December 2022 Decision date: 02 December 2022 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Count 1: Guilty of the offence of intimidation. Count 2: Guilty of the offence of intimidation. Count 3: Guilty of the offence of aggravated break and enter and commit a serious indicatable offence. Catchwords: CRIME – Intimidation - Aggravated Break and Enter CRIMINAL PROCEDURE - Trial - Judge alone - Reasons of trial judge - conflict of evidence - reasons for accepting prosecution witness – reasons for rejecting accused's evidence - each element proved beyond reasonable doubt CRIMINAL PROCEDURE - Trial - Judge alone - domestic violence - fundamental principles applied - assessing witness in "one and one" evidence cases – pattern of domestic violence behaviour- tendency reasoning – intimidation- intention - knowledge that conduct is likely to cause fear – break - consent or implied permission to enter Legislation Cited: Crimes Act 1900 Crimes (Domestic and Personal Violence) Act 2007 Criminal Procedure Act 1987 Evidence Act 1995 Cases Cited: Fox v Percy 2003) 214 CLR 118; [2003] HCA 22 IMM v The Queen (2016) 257 CLR 300; [2016] HCA 14 Kempe v Webbe [2003] ACTSC 7 Liberato v The Queen (1985) 159 CLR 507; [1985] HCA 66 McIlwraith v R [2017] NSWCCA 13 R v BA [2021] NSWCCA 191 R v Grant (2002) 55 NSWLR 80; [2002] NSWCCA 243 Category: Principal judgment Parties: Benjamin Steele (the accused) Director of Public Prosecutions Representation: Counsel: Mr J Lang (for the accused)