R v Marshall; R v Barker; R v Fletcher [2012] NSWDC 223

District Court New South Wales

Medium Neutral Citation: R v Marshall; R v Barker; R v Fletcher [2012] NSWDC 223 Hearing dates: 25 November 2012- 7 December 2012 Decision date: 10 December 2012 Before: Murrell SC DCJ Decision: Marshall Guilty Barker Not guilty Fletcher Not guilty Catchwords: Circumstantial evidence- joint trial- robbery in company- lies evidencing consciousness of guilty- judge alone trial- co-offender evidence Legislation Cited: Evidence Act 1995, s165, s165(1)(b) Cases Cited: R v Ray (2003) 57 NSWLR 616, R v Sutton (1986) 5 NSWLR 697 Category: Principal judgment Parties: The Crown Robert John Marshall Stephen Ashley Barker Raymond Fletcher Representation: Mr Fox (Crown) Mr Hoare (Marshall) Mr Pearsall (Barker) Mr Lowe (Fletcher) Office of the Director of Public Prosecutions NSW Douglass & Ford Solicitors (Marshall) Legal Aid NSW (Barker) Paul Reynolds Solicitor (Fletcher) File Number(s): 2011/00330494; 2011/00412683; 2012/00122756

Judgment

Opening Remarks 1On 26 November 2012, each of the accused, Robert Marshall, Stephen Barker and Raymond Fletcher, elected to be tried by a judge alone and the prosecutor consented. I was satisfied that, before making the election, each accused had sought and received legal advice. 2On 27 November 2012, each accused pleaded not guilty to the offence that, on 8 October 2011, while in the company of the co-accused, he robbed the proprietor of the Kangaroo Valley Friendly Grocer/ Roadhouse of cash and tobacco. The prosecution alleged that the accused were the three robbers who had entered the Friendly Grocer and removed cash from the safe. 3The accused were tried jointly. 4I set out the principles of law that I apply and the findings of fact that I make for the purpose of arriving at verdicts.