R v Walker [2021] NSWDC 850

District Court New South Wales

Medium Neutral Citation: R v Walker [2021] NSWDC 850 Hearing dates: 19 – 22, and 26 July 2021 Date of orders: 26 July 2021 Decision date: 26 July 2021 Jurisdiction: Criminal Before: Neilson DCJ Decision: Not guilty of each count. Catchwords: Criminal trial by judge alone – Two charges: specially aggravated armed home invasion and stealing a motor vehicle – Accused alleged to be one of three offenders – One offender still at large – One offender pleaded guilty and gave evidence against accused – His evidence critical to form case – Directions given in accord with R v Murray and Evidence Act 1995 s 165(1)(d) – Evidence of this witness rejected – After careful consideration of all the evidence Court not satisfied beyond reasonable doubt of guilt of accused on either count. Legislation Cited: Crimes Act 1900 Evidence Act 1995 Cases Cited: Moore v R [2016] NSWCCA 185 R v Murray (1987) 11 NSW LR 12 Sio v The Queen [2016] HCA 32 Texts Cited: Nil. Category: Principal judgment Parties: Rex (Crown) Accused – Neil Patrick Walker Representation: Counsel: Crown – Hughes, A. Accused – Cranney, P.

Solicitors: Commonwealth Director of Public Prosecutions (NSW) Aboriginal Legal Service File Number(s): 2020/00075638 Publication restriction: Nil.

Judgment 1. HIS HONOUR: This is a criminal trial by judge alone. An indictment was presented to me on 19 July 2021 which contained two counts. The first count is: "On 13 October 2016, at Bowraville in the State of New South Wales, [you] did break and enter the dwelling house of Eric Fuller at 89A Balance Tank Road, and then in the said dwelling did commit a serious indictable offence, namely steal motor vehicle, namely a Harley Davidson motorcycle, in the circumstances of special aggravation, namely that the said Neil Patrick Walker was in company with Alistair White, and did intentionally wound Eric Fuller." 1. That is an offence contrary to s 112(3) of the Crimes Act 1900. The second count in the indictment is this: "On 13 October 2016, at Bowraville in the State of New South Wales, [you] did steal a motor vehicle, namely Holden utility with New South Wales registration BX 80 DD." 1. That is an offence contrary to s 154F of the Crimes Act 1900. To each of those counts the accused entered a plea of not guilty. It has become my duty therefore to act as both the tribunal of law and of fact to decide the case. I have to direct myself as if I were a jury. The first directions which I give to myself are those concerning the onus of proof and the standard of proof.