ARUN v REGINA [2010] NSWCCA 214

New South Wales Court of Criminal Appeal

CITATION: ARUN v REGINA [2010] NSWCCA 214

HEARING DATE(S): Thursday 19 August 2010

JUDGMENT DATE: 22 September 2010

JUDGMENT OF: McClellan CJatCL at 1; Hall J at 2; Davies J at 99

DECISION: Appeal dismissed

CATCHWORDS: APPEAL against conviction – judge alone trial – principles to be applied on appeals from verdict of a judge sitting without a jury – appellant convicted of offence under s.47 Crimes Act 1900 – throwing destructive substance (petrol) over female complainant – appellant did not hold a lighter or point of ignition – whether that was an "indispensable" link in the chain of reasoning towards guilt – whether evidence established that the appellant had the required intention to burn the complainant at the time of pouring the petrol – whether the finding that he did have such intention was the only rational or reasonable inference available from the evidence – the actions and utterances of the appellant in combination established to the requisite standard an intention to burn – the fact that he did not hold a lighter not an indispensable fact or link – Crown had discharged onus of proof – only inference to be drawn beyond reasonable doubt was that the appellant had that intention

Crimes Act 1900 LEGISLATION CITED: Criminal Appeal Act 1912 Criminal Procedure Act 1999 Evidence Act 1995

Fleming v The Queen (1998) 197 CLR 250 Keir v Regina [2007] NSWCCA 149 Knight v The Queen (1992) 175 CLR 495 CASES CITED : Regina v Dink [2010] NSWCCA 74 Regina v Moffatt (2000) 112 A Crim R 201 Regina v Niass [2005] NSWCCA 120 Sultan v Regina [2008] NSWCCA 175