CB v Director of Public Prosecutions (NSW) [2014] NSWCA 134

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: CB v Director of Public Prosecutions (NSW) [2014] NSWCA 134 Hearing dates: 20 March 2014 Decision date: 24 April 2014 Before: Beazley P at [1], Barrett JA at [2], Emmett JA at [71] Decision: 1. Grant leave to appeal. 2. Direct that a notice of appeal in the form of the draft in the white folder be filed within seven days. 3. Dismiss the appeal. 4. No order as to costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: CRIMINAL LAW - particular offences - property offences - wilful or reckless damage to or destruction of property by fire or explosives (Crimes Act 1900, s 195(1)(b)) - mens rea - where accused applied flame to threads on the cover of a couch in an unoccupied house and the house was destroyed by fire - conviction on charge of recklessly destroying the house by fire - content of the mental element of recklessness - whether the required foresight was of destruction of the house or of damage to or destruction of any property Legislation Cited: Crimes Act 1900 (NSW) Crimes (Appeal and Review) Act 2001 (NSW) Crimes (Criminal Destruction and Damage) Amendment Act 1987 (NSW) Criminal Procedure Act 1986 (NSW) Inclosed Lands Protection Act 1901 (NSW) Supreme Court Act 1970 (NSW) Young Offenders Act 1997 (NSW) Cases Cited: Beale v Government Insurance Office (NSW) (1997) 48 NSWLR 430 Blackwell v R [2011] NSWCCA 93; 81 NSWLR 119 Chen v R [2013] NSWCCA 116 Director of Public Prosecutions (NSW) v Illawarra Cashmart Pty Ltd [2006] NSWSC 343; 67 NSWLR 402 DPP v Adam James Lee [2006] NSWSC 270 Ex parte Lovell; Re Buckley (1938) 38 SR (NSW) 153 Johnson v Miller [1937] HCA 77; 59 CLR 467 Kirk v Industrial Relations Court of New South Wales [2010] HCA 1; 239 CLR 531 LS v Director of Public Prosecutions (NSW) [2011] NSWSC 1016 R v Coleman (1990) 19 NSWLR 467 R v VHP (Court of Appeal (NSW), 7 July 1997, unrep) Smith v Moody [1903] 1 KB 56 Wainohu v New South Wales [2011] HCA 24; 243 CLR 181 Category: Principal judgment Parties: CB (Applicant) Director of Public Prosecutions (NSW) (Respondent) Representation: Counsel: I D Bourke (Applicant) A M Mitchelmore (Respondent) Solicitors: Alan Robinson (Applicant) Director of Public Prosecutions (NSW) (Respondent) File Number(s): 2013/201669 Decision under appeal Citation: [2013] NSWSC 618 Date of Decision: 2013-05-23 00:00:00 Before: Adamson J File Number(s): 2012/373246