Alan Leslie Cotterill v R; Alan Peter Cotterill v R [2015] NSWDC 291

Alan Leslie Cotterill v R; Alan Peter Cotterill v R [2015] NSWDC 291

The appellants were found to have entered the club with intent to engage in violence towards the Montgomery group in retribution for an earlier incident, and their conduct constituted affray under s 93C of the Crimes Act 1900. The court was satisfied beyond reasonable doubt that both appellants had the necessary intention or awareness for affray as required by s 93D(2). The defence of self-defence was negatived by the Crown, as there was no reasonable possibility that the appellants believed their conduct was necessary in self-defence or that it was a reasonable response. Accordingly, the convictions and Magistrate's orders were confirmed and the appeals dismissed.

Parties
First Appellant: Alan Leslie Cotterill; Second Appellant: Alan Peter Cotterill; Crown: C Hodgeman
Jurisdiction
Australia
Judgment Date
03 December 2015
Procedural Posture
Criminal Appeal / Appeal From Local Court Conviction
Outcome
Appeals dismissed; convictions for affray confirmed
Legal Topics
Affray, Self Defence, Appeals, Mens Rea, Violence Offences
Criminal Law Affray Self Defence Appeals Mens Rea Violence Offences

Case Brief

Summary, issues, holding and outcome

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Parties

Alan Leslie Cotterill

First Appellant

Alan Peter Cotterill

Second Appellant

C Hodgeman

Crown

Procedural Posture

Criminal Appeal / Appeal From Local Court Conviction

Legal Issues

  1. 1 Whether the elements of affray under s 93C(1) of the Crimes Act 1900 were proved beyond reasonable doubt
  2. 2 Whether the requisite mens rea for affray was established per s 93D(2) of the Crimes Act 1900
  3. 3 Whether the appellants acted in self-defence and whether the Crown failed to negative self-defence pursuant to s 419 of the Crimes Act 1900

Ratio Decidendi

The appellants were found to have entered the club with intent to engage in violence towards the Montgomery group in retribution for an earlier incident, and their conduct constituted affray under s 93C of the Crimes Act 1900. The court was satisfied beyond reasonable doubt that both appellants had the necessary intention or awareness for affray as required by s 93D(2). The defence of self-defence was negatived by the Crown, as there was no reasonable possibility that the appellants believed their conduct was necessary in self-defence or that it was a reasonable response. Accordingly, the convictions and Magistrate's orders were confirmed and the appeals dismissed.

Court Disposition

Appeals dismissed; convictions for affray confirmed

Orders

  • The appeal in each case is dismissed.
  • Confirm Magistrate's Orders, convicting each appellant of the offence of affray.