Crotty v R [2015] NSWDC 301

District Court New South Wales

Medium Neutral Citation: Crotty v R [2015] NSWDC 301 Hearing dates: 21-22 September 2015 Date of orders: 24 September 2015 Decision date: 24 September 2015 Jurisdiction: Criminal Before: Neilson DCJ Decision: Appeal allowed. Set aside conviction recorded and sentence passed by Downing Centre Local Court on 29 May 2015 Catchwords: CRIMINAL LAW – Assault occasioning actual bodily harm – Alleged domestic violence – Onus and burden of proof – Complainant essential Crown witness – Court required to direct itself in accordance with R v Murray – Accused gave and called evidence – Significance of that evidence in determination of whether Crown has discharged its onus of proof – Medical evidence adduced was not determinative but neutral Cases Cited: Douglass v The Queen [2012] HCA 34; (2012) 86 ALJR 1086 Regina v Murray (1987) 11 NSWLR 12 Robinson v The Queen (1999) 197 CLR 162 Tully v The Queen (2006) 230 CLR 234 Category: Principal judgment Parties: Justin Patrick Crotty (Appellant) Crown (Respondent) Representation: Counsel: Mr H Dhanji SC (Appellant)

Solicitors: North Shore Criminal Law (Appellant) Office of Director of Public Prosecutions (NSW) (Respondent) File Number(s): 2014/252579 Publication restriction: No Decision under appeal Court or tribunal: Downing Centre Local Court Jurisdiction: Criminal Date of Decision: 29 May 2015 Before: Keogh LCM File Number(s): 2014/252579