R v Peter Gavranich [No 2] (Verdict) [2018] NSWDC 402

District Court New South Wales

Medium Neutral Citation: R v Peter Gavranich [No 2] (Verdict) [2018] NSWDC 402 Hearing dates: 3 December 2018, 4 December 2018, 5 December 2018 Date of orders: 06 December 2018 Decision date: 06 December 2018 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Decision of (1) Not guilty specially aggravated break enter and intimidate with dangerous weapon (2) Guilty of aggravated break enter and intimidate knowing person present. Catchwords: CRIMINAL LAW – break and enter circumstances of special aggravation – armed with a dangerous weapon; a rifle – trial by Judge alone – assessing witnesses – an intimidating video message – a threat with a rifle at 2:23AM – no rifle on Police search at 3:15AM – some evidence not disputed – a toxic relationship – disputed evidence – break – dangerous weapon at 6:00AM – an incident at Fairy Meadow – two conflicting versions – accused version rejects – concerns with aspects of complainant's account – belief on balance is not proof beyond reasonable doubt – reason to doubt rifle at Fairy Meadow – no reason to doubt other aspects of complainant's account – prosecution onus – lingering doubt – dangerous weapon present – Accused must have benefit of the doubt – no doubt alternative count Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Firearms Act 1996 Crimes Act 1900 Crimes (Domestic and Personal Violence) Act 2007 Evidence Act 1995 Cases Cited: Barton v The Queen [1980] HCA 48; (1980) 147 CLR 75 Borodin v R [2006] NSWCCA 83 Di Simoni (1981) 147 CLR 383 Houlten v R (2000) 49 NSWLR 383 Jago v The District Court of New South Wales [1989] HCA 46; (1989) 168 CLR 23 Mill v The Queen (1988) 166 CLR 59 Pearce v The Queen, (1999) 194 CLR 610 Strickland v Director of Public Prosecutions (C'th) [2018] HCA 53 X7 v The Queen [2014] NSWCCA 273 Fox v Percy (2003) 214 CLR 118 R v Jovanovic (1997) 42 NSWLR 520 RB v R [2016] NSWCCA 62 Category: Principal judgment Parties: Peter Gavranich (Offender) Director of Public Prosecutions Representation: Counsel: Mr Z Khan (For the offender) Ms G Steedman (Solicitor Advocate for the Director of Public Prosecutions)