R v Little [2008] NSWDC 311

New South Wales District Court

CITATION: R v Little [2008] NSWDC 311

HEARING DATE(S): 24 to 27 November 2008

JUDGMENT DATE: 28 November 2008

JURISDICTION: Criminal

JUDGMENT OF: Bennett SC DCJ

DECISION: Guilty

CATCHWORDS: CRIMINAL TRIAL – trial by judge alone – aggravated break enter and steal – circumstantial Crown case – whether there was a rational or reasonable alternative hypothesis consistent with innocence – accused did not give evidence – s 20 Evidence Act 1995 – comment on failure to give evidence – whether alternative hypothesis rational or reasonable in the absence of evidence from the accused

Crimes Act 1900 LEGISLATION CITED: Criminal Procedure Act 1986 Evidence Act 1995

Azzopardi v The Queen (2001) 205 CLR 50 CASES CITED: Fleming v R [1998] 197 CLR 250 Weissensteiner v The Queen (1993) 178 CLR 217

PARTIES: The Queen Paul Anthony Little

FILE NUMBER(S): 2008 / 00012119

COUNSEL: Mr F Veltro (The Crown) Ms P David (The accused)

DECISION

Introduction

1 On 24 November 2008 Paul Anthony Little appeared for trial in the District Court Sydney in respect of an indictment containing one count for an offence contrary to s 112 (2) of the Crimes Act 1900. It is alleged thereby that the accused: " On or about 2 September 2007 at Maroubra in the State of New South Wales did break and enter the dwelling house of Wallace Spicer at [omitted] and while in the said premises did steal certain property namely photographic and electrical equipment belonging to the said Wallace Spicer in circumstances of aggravation, namely, that at the time of the offence he knew that there was a person present in the said dwelling house. "