DPP v Houn [2008] NSWLC 16

Local Court of New South Wales

CITATION: DPP v Houn [2008] NSWLC 16

JURISDICTION: Criminal

PARTIES: Director of Public Prosecutions (NSW) Tilac (Ty) Neil Huon

FILE NUMBER:

PLACE OF HEARING: Downing Centre

DATE OF DECISION:

MAGISTRATE: Magistrate B Maloney

CATCHWORDS: Malicious wounding - mental illness

LEGISLATION CITED: Crimes Act 1900 s35 Crimes (Sentencing Procedure) Act 1999 s3A, s21A

R v Anderson (1980) A Crim R 379 R v Dodd (1991) 57 A Crim R 349 R v Engert (1995) 84 A Crim R 67 R v Geddes (1936) 36 SR (NSW) 554 CASES CITED: R v Gordon (1994) 71 A Crim R 459 R v Smith (1958) 75 WN (NSW) 198 Veen v R (No.2) (1988) 164 CLR 465 Regina v Pitt [2005] NSW CCA 304 Regina v Scott [2005] NSW CCA 152

TEXTS CITED:

REPRESENTATION:

ORDERS:

The Charge:

The offender has been charged with one count of maliciously wound a person contrary to s.35 (1a) Crimes Act 1900. The offence occurred between 1.15am and 1.30am on 22nd April 2006 at Darlinghurst. The victim was Ms Jessica Harris.

The Facts:

At about 1.15am Saturday 22nd April 2006 the victim, Jessica Harris, had returned to her residence in Liverpool Street, Darlinghurst, after finishing late from work. About this time the victim has decided to make a call to New York using a public phone near her residence in Liverpool Street. The offender, who was intoxicated at the time, has approached the victim whilst she was making the call. At that time the offender was carrying a broken bottle in his right hand. The offender has approached the victim on two occasions with his arms outstretched. On each occasion the victim felt threatened and has screamed and kicked out of the offender. On the third occasion the accused has lashed out with the broken bottle and struck the victim to the left side of the face. The victim screamed in pain and fell to the ground in shock. At this point a number of witnesses have come to the assistance of the victim and chased the victim along Palmer Street, Darlinghurst. At the same time police going to the scene came across one of the witnesses. This witness got into the police vehicle and was driven around the area. The offender was seen by the witness to run along Palmer Street and into Chapel Street East Sydney where she pointed the offender out to police. The offender was arrested in Chapel Street and it was noted his shirt and pants were covered in blood. The offender was taken to Surry Hills Police Station and entered into custody. Detectives arrived a short time later and after being cautioned a second time the offender agreed to participate in an electronically recorded interview. During the interview the offender stated that he had drunk a bottle of "Bombora Coconut Rum" at his cousin's house. He and his cousin travelled to Kings Cross where they both attended the "Sports Bar" and consumed a number of beers. At about 10pm the offender and the cousin proceeded to "Club 77" where the offender consumed eight Bourbon and Coke. At some time later there was an argument with the cousin and the offender smashed a bottle of Bourbon he had earlier purchased, but still held onto the neck. The offender stated he could not recall seeing Ms Harris or stabbing her in the face with the bottle. He recalls running when he saw police however he does not know where the blood came from that was found on his shirt or his pants. He did not recall how he got blood on his fingers nor slight cuts to his fingers. Detectives suspended the interview and the accused assisted police to try to locate the thrown broken bottle. Subsequently it was not recovered. The offender was taken back to Surry Hills Police Station and the interview resumed.