R v M.J.J. [2004] NSWSC 57

New South Wales Supreme Court

CITATION : R v M.J.J. [2004] NSWSC 57 HEARING DATE(S) : 04/02/04, 05/02/04, 09/02/04, 10/02/04, 11/02/04, 12/02/04, 16/02/04, 17/02/04, 18/02/04 JUDGMENT DATE : 18 February 2004

JUDGMENT OF : Barr J at 1 DECISION : I find the accused not guilty of the attempted murder of T.S. and I direct the entry of a verdict of acquittal on that charge; Pursuant to his plea of guilty, I convict the accused of the malicious wounding of T.S. with intent to do her grievous bodily harm; I find the accused not guilty of maliciously throwing an explosive substance at T.S. with intent to do her grievous bodily harm and I direct the entry of a verdict of acquittal on that charge; I find the accused guilty of maliciously wounding C.B. with intent to do grievous bodily harm to a person. I convict him on that charge; Pursuant to his plea of guilty I convict the accused of using a prohibited weapon without being authorised to do so by license or permit.

LEGISLATION CITED : Criminal Procedure Act 1986 s132 CASES CITED : Knight v The Queen (1992) 175 CLR 495 PARTIES : Regina M.J.J. FILE NUMBER(S) : SC 70060/03 COUNSEL : Crown: L Gray Accused: P Zahra SC SOLICITORS : Crown: S E O'Connor Accused: W Grant

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

JUSTICE GRAHAM BARR

18 FEBRUARY 2004

70060/03 REGINA v M.J.J.

REASONS FOR VERDICT THE ISSUES FOR DETERMINATION 1 HIS HONOUR: On the day before the commencement of his trial the accused formally elected in accordance with s132 Criminal Procedure Act 1986 for trial by judge alone. The Crown consented. The trial has accordingly proceeded before me alone. The accused and the two complainants were sixteen years old at the time of the events giving rise to the charges. Accordingly I shall refer to them throughout these reasons only by their initials. For much the same reason I shall refer to most of the witnesses I mention only by their initials. 2 The counts in the indictment may be summarised as follows- 1. On 3 April 2003 at Salamander Bay, New South Wales the accused wounded T.S. with intent to murder her; 2. Alternatively to the first count, at the same time and place the accused maliciously wounded T.S. with intent to do her grievous bodily harm; 3. At the same time and place the accused maliciously threw an explosive substance, namely a petrol bomb, at T.S. with intent to do her grievous bodily harm; 4. At the same time and place the accused maliciously wounded C.B. with intent to do grievous bodily harm to a person; and 5. At the same time and place the accused used a prohibited weapon, namely a crossbow, without being authorised to do so by any license or permit.