Brett Richardson v Regina [2015] NSWDC 246

District Court New South Wales

Medium Neutral Citation: Brett Richardson v Regina [2015] NSWDC 246 Hearing dates: 27 May 2015 Date of orders: 10 June 2015 Decision date: 10 June 2015 Jurisdiction: Criminal Before: Judge AC Scotting Decision: See paragraphs [40] and [41] Catchwords: CRIMINAL LAW – assault – grievous bodily harm – wreckless – affray - finding of guilt

SELF DEFENCE– statutory principles – test – self-defence of another – self-induced intoxication – conduct necessary for self-defence – reasonable response in the circumstances as perceived by appellant

APPEAL – principles – not guilty – severity Legislation Cited: Crimes Act 1900 Crimes (Appeal and Review) Act 2001 Cases Cited: R v Viro (1978) 141 CLR 88 R v Conlon (1993) 69 A Crim R 92 R v Katarzynski [2002] NSWCCA 613 Fox v Percy (2003) 214 CLR 118 Gianoutsas v Glykis [2006] NSWCCA 137 Charara v R [2006] NSWCCA 244 Category: Principal judgment Parties: Brett Richardson (Apellant) Regina (Respondent) Representation: Solicitors:

Macedone Legal (Appellant) S Kavanagh, Solicitor for Public Prosecutions (Respondent) File Number(s): 2014/144384

Judgment 1. Brett Richardson (the appellant) appeals against the convictions entered by Mr Connell LCM on 3 December 2014 at the Sutherland Local Court. 2. The appellant pleaded not guilty to one count of Affray pursuant to section 93C(1) Crimes Act 1900, and one count of Recklessly Causing Grievous Bodily Harm pursuant to section 35 (2) of Crimes Act 1900. 3. At the conclusion of the hearing, the magistrate convicted the appellant of both counts. In relation to the charge of Affray the magistrate ordered that the appellant enter into a good behaviour bond for a period of 12 months pursuant to section 9 Crimes (Sentencing Procedure) Act 1999. In relation to the charge of Recklessly Causing Grievous Bodily Harm the appellant was ordered to perform 450 hours of community service and to pay compensation in the sum of $5,013.90 to the victim, Erin Brighten. 4. On the appeal, Mr Macedone, solicitor appeared for the appellant and Ms Roatz, solicitor, appeared for the Director of Public Prosecutions, the respondent in the proceedings. 5. On 25 April 2014 the appellant attended licensed premises known as 'The Sting Bar' on the Kingsway at Cronulla (the premises). The licensee of the premises, Pasquali Traino was a friend of the appellant. At about midnight, Mr Traino had cause to remove a patron, Luke Provan from the premises. At or about the time of Mr Provan's removal, Mr Traino asked the appellant to "watch his back" as he was concerned that Mr Provan had been using the drug which is commonly known as "ice". 6. Mr Provan was removed from the premises by a security guard and Mr Traino. After being restrained for a short period Mr Provan broke free from the security guard and started to threaten and to throw punches towards the security guard, the appellant and the people nearby that included Mr Traino. The appellant, the security guard and Mr Traino were then engaged by Mr Provan in a fight. In the course of that fight the victim Ms Brighten, pulled the appellant's shirt and he responded by striking her with his right hand in the face causing her to fall to the ground. She suffered a broken jaw and the defence conceded that her injuries amounted to grevious bodily harm. 7. Immediately after striking Ms Brighten, the appellant quickly approached Mr Provan and punched him in or about the head a number of times and then procceded to knee him in the abdomen about 3 times in quick succession. During those strikes Mr Provan was being punched by the security guard and Mr Traino and the security guard were trying to get hold of him. After a short time other security guards pulled the appellant out of the fracas and escorted him inside the premises at about the time when Police arrived.