R v Dent [2016] NSWSC 99

Supreme Court New South Wales

Medium Neutral Citation: R v Dent [2016] NSWSC 99 Hearing dates: 1 February 2016 Decision date: 04 February 2016 Before: R A Hulme J Decision: Evidence inadmissible Catchwords: CRIMINAL LAW – evidence – tendency and co-incidence – ss 97, 98 Evidence Act – admissibility of evidence that accused had a tendency to intentionally inflict grievous bodily harm and rob victims in public parks – evidence of previous murders – no significant probative value due to lapse of 37 years between relevant events – evidence inadmissible Legislation Cited: Evidence Act 1995 (NSW) ss 97, 98, 101 Evidence Regulation 2015 (NSW) cls 5, 6 Cases Cited: Hughes v R [2015] NSWCCA 330 R v Watkins [2005] NSWCCA 164; 153 A Crim R 434 Category: Procedural and other rulings Parties: Regina Anthony Richard Dent Representation: Counsel: Ms M Cunneen SC (Crown) Mr M Austin (Accused)

Solicitors: Solicitor for Public Prosecutions Aboriginal Legal Service File Number(s): 2014/102198

Judgment 1. HIS HONOUR: On 1 February 2016 I heard submissions on the objection by the accused to the Crown's proposal to adduce tendency and coincidence evidence. On 4 February I ruled that the evidence was inadmissible. The following are the reasons for that ruling.

Overview of prosecution case 1. The accused, Anthony Richard Dent, was charged with the murder of Anthony O'Grady at Wickham, an inner city suburb of Newcastle, on or about 25 March 2014. He was also charged with robbery in company inflicting grievous bodily harm upon Mr O'Grady. Both charges arose from the one incident. 2. Briefly, the Crown alleges that Mr Dent, in a joint criminal enterprise with his co-accused RC and JM, and one Jeffrey Schott, committed a planned robbery of Mr O'Grady in the course of which Mr Dent seriously assaulted him causing fatal blunt force trauma. Mr O'Grady was a 52 year-old man who was known to have wealth. In the late afternoon of 25 March 2014 a plan was discussed between the four men to entice Mr O'Grady to go to Wickham Park where he would be robbed. 3. The Crown alleges that once Mr O'Grady was in the park, the accused Dent struck him causing him to fall to the ground. Mr Dent hit him further and then started to take his pants off. He removed Mr O'Grady's underwear and used it to gag him. Rope was used to bind his hands to his feet behind him. The Crown alleges that Mr Dent removed Mr O'Grady's house and car keys from his pockets and threw them to JM, telling him to go to Mr O'Grady's house and take his car and belongings. JM, RC and Schott then left the park. 4. Sometime later Mr Dent went to an ATM where he attempted unsuccessfully to withdraw funds from Mr O'Grady's bank account. Subsequent telephone contact indicated that Mr Dent intended to return to the park to obtain Mr O'Grady's correct PIN. Sometime after that, Mr Dent communicated by telephone to the effect that Mr O'Grady was "gone". 5. Mr O'Grady's body was discovered in the park the following morning and a police investigation commenced. The accused Dent was arrested on 21 April 2014. He made no admissions. DNA consistent with being his was found inside one of Mr O'Grady's pockets, on his underpants, on rope that was used to bind him and on the waist band of his shorts. 6. The autopsy examination revealed that Mr O'Grady sustained a large number of injuries. They included: 1. Marked facial congestion with poorly defined areas of facial bruising. 2. Intra-oral bruising with laceration at left angle of mouth. 3. Scalp haemorrhage on right forehead and left temporal region. 4. Acute right subdural haematoma. 5. Multiple areas of circular bruising on right and left upper limbs (fingertip bruises). 1. The immediate cause of death was a large acute right subdural haematoma. There was evidence of bruising to the scalp and face, indicative of blunt force trauma. The pathologist opined that the deceased likely suffered a number of blows to the face and head. The presence of a gag in the mouth was likely to have caused a degree of asphyxiation contributing to death. Being bound and lying face down would have further restricted his capacity to breath.