R v WYMARRA [2008] NSWDC 190

New South Wales District Court

CITATION: R v WYMARRA [2008] NSWDC 190

HEARING DATE(S): 30/10/07-31/10/07

JUDGMENT DATE: 1 January 2008

JURISDICTION: Crime

JUDGMENT OF: Murrell SC DCJ

CATCHWORDS: Hinder investigation of a serious offence

LEGISLATION CITED: Crimes Act 1900 s 315.

PARTIES: Regina ALexander WYMARRA

FILE NUMBER(S): 07/11/0535

COUNSEL: Mr N Adam Mr C Watson

JUDGMENT

Regina v Alexander Wymarra

The Trial

1 When arraigned on 30 October 2007, the accused pleaded not guilty to the offence that, on 19 November 2005 at Kings Cross, he falsely stated to a police officer that blood found of the body and clothing of Raymond Wymarra was the accused's blood, with intent to hinder the investigation of a serious indictable offence, i.e. murder, committed by Raymond Wymarra.

2 On 29 October 2007, the accused elected to be tried by judge alone. I was satisfied that, before making the election, the accused sought and received advice from his legal representative (Exhibit).

Undisputed Facts

3 At about 11:15 p.m. on 18 November 2005, Isaaac Dinsdale was stabbed to death at Woolloomooloo. Police allege that Raymond Wymarra, the accused's 17 year old son, participated in the attack. In the early hours of 19 November, Nicole Piesley, who knew both the deceased and the accused, telephoned the accused and said that she wanted to discuss something "really important". Later, they met in Woolloomooloo. The accused arrived in an Echo vehicle, accompanied by his son and another person, who was driving. There to another location, where Ms Piesley and the accused had a private conversation. She informed him that the deceased had been stabbed to death. The accused looked shocked and "seemed dumbfounded". Soon after the conversation, at 3 - 3:15 am, the Echo vehicle unsuccessfully attempted to evade the police. The vehicle was stopped and the occupants were arrested. As one detective approached his son, the accused yelled out "Tell them fucking nothing". Police told the accused that his son was a murder suspect. One officer saw that the accused "had an injury to his left ear that had been bleeding". She "could see dried blood around his ear".