R v MCLEOD [2008] NSWDC 188

New South Wales District Court

CITATION: R v MCLEOD [2008] NSWDC 188

HEARING DATE(S): 3, 4, 5 June 2008

JUDGMENT DATE: 5 June 2008

JURISDICTION: Crime

JUDGMENT OF: Murrell SC DCJ

DECISION: Not Guilty.

CATCHWORDS: Judge alone trial - Larceny - Identification evidence - Voice identification

LEGISLATION CITED: Evidence Act 1995 s 116, 165

CASES CITED: R v Kirby [2000] NSWCCA 330 Festa v The Queen (2001) 76 ALJR 291

PARTIES: Regina Robert Darren McLeod

FILE NUMBER(S): 2008/00000865

COUNSEL: D: Ms J Healey

SOLICITORS: C: Mr T M Fernandez

JUDGMENT

1 On 3 June, 2008, the accused elected to be tried by a judge alone and the DPP consented. I was satisfied that, before making the election, the accused had sought and received advice from his barrister.

2 The accused is charged by the Crown that, on 30 August 2007, at Currarong, he: (1) entered the Currarong RSL Club with intent to commit the indictable offence of larceny; (2) stole nine bottles of alcohol from the Club; and (3) maliciously damaged a glass door at the Club.

3 I now set out the principles of law which I apply and the findings of fact which I make for the purpose of arriving at verdicts.

General Principles of Law

4 I am aware that the Crown has the task of proving the accused's guilt beyond reasonable doubt. In other words, the accused is presumed to be innocent of each count unless and until the Crown proves him guilty of that count beyond reasonable doubt. 5 Suspicion must play no part in my function as the judge of the facts. If I feel that the accused may be guilty and even if I feel that he probably is guilty, as long as I have a reasonable doubt about his guilt on any count, I must return a verdict of not guilty on that count.