R v McLean [2014] NSWDC 248

District Court New South Wales

Medium Neutral Citation: R v McLean [2014] NSWDC 248 Hearing dates: 9 December 2014 - 17 December 2014 Decision date: 19 December 2014 Before: Berman SC DCJ Decision: The accused is found guilty on Count one Catchwords: CRIMINAL LAW - Judgment - Judge alone trial - Circumstantial and direct evidence of guilt - meaning of "really serious injury" Cases Cited: R v Haoui [2008] NSWCCA 209 Category: Principal judgment Parties: The Crown Angela Joy McLean Representation: Ms A Cook - The accused The Director of Public Prosecutions The Legal Aid Commission - The accused File Number(s): 2012/88130

Judgment

Introduction 1On 19 March 2012 Mr Laurie Waters left his home at about 11.00 am. He left behind a friend of his, Mr Brian Nimmo, who was going to spend some time in Mr Waters' unit while the carpets in his own unit were cleaned. On his way out Mr Waters passed Ms Angela McLean, who is the accused in these proceedings. She was going into his unit, where Mr Nimmo was. Mr Waters visited the doctor and did some shopping before returning to his home around 3.00pm. When he got there he saw that Ms McLean had gone and that Mr Nimmo was lying in two large pools of blood. He contacted police who came quickly and who then called an ambulance. Mr Nimmo was taken to hospital where his injuries were treated. 2From a very early time Mr Nimmo nominated Ms McLean as being the person responsible for his injuries. That is what he told Mr Waters. That is what he told the first police officers to arrive on the scene. He continues to say that Ms McLean was responsible, giving evidence to that effect before me. 3Ms McLean has been charged with two offences in the alternative: recklessly causing grievous bodily harm to Brian Nimmo and assaulting Brian Nimmo, thereby occasioning to him actual bodily harm. 4She has pleaded not guilty to both charges. It is I who will determine whether she is guilty or not, an election for trial by judge alone having been made by Ms McLean and consented to by the prosecution.