R v Scott Owen BROWN [2009] NSWDC 112

New South Wales District Court

CITATION: R v Scott Owen BROWN [2009] NSWDC 112

HEARING DATE(S): 12-13 May 2009

JUDGMENT DATE: 13 May 2009

JURISDICTION: Criminal

JUDGMENT OF: Murrell SC DCJ

CATCHWORDS: CRIMINAL LAW - particular offences - offences against the person - property offences - break and enter a dwelling house and commit larceny - in company - joint criminal enterprise - damage property - intimidate

LEGISLATION CITED: Crimes Act 1900 Crimes (Domestic and Personal Violence) Act 2007

Director of Public Prosecutions v Fraser [2008] NSWSC 244 McAuliffe v The Queen (1995) 183 CLR 108 CASES CITED: R v Brougham (1986) 43 SASR 187 R v Jacobs and Mehajer [2004] NSWCCA 462 R v Tangye (1997) 92 A Crim R 545 Taufahema v The Queen [2006] NSWCCA 152

PARTIES: Regina Scott Owen BROWN

FILE NUMBER(S): 2009/00000740

COUNSEL: M Pincott for the Crown G Brady for the accused

SOLICITORS: Department of Public Prosecutions Pogson Cronin Solicitors & Notary

The Trial

1 On 11 May 2009, the accused filed an election to be tried by judge alone and the DPP consented. I was satisfied that, before making the election, the accused had sought and received advice from a barrister.

2 When arraigned on 12 May 2009, the accused pleaded not guilty to the following offences, each of which allegedly occurred on 2 September 2008 at Lavington: 1. Break and enter a dwelling house and commit larceny in the company of P and M. 2. Intentionally damage a freezer, carpet and wardrobe the property of the complainant. 3. Intimidate the complainant with the intention of causing her to fear physical or mental harm.