R v Alty [2022] NSWDC 62

R v Alty [2022] NSWDC 62

The Crown case was wholly dependent on the honesty and reliability of Troy Douglas Nancarrow. Given his inconsistent accounts, including his evidence that he had lied about Nathan Alty's involvement and that Alty was not present, the Court was not satisfied beyond reasonable doubt that Mr Nancarrow was an honest and reliable witness to the standard required in a criminal trial. The Crown therefore failed to prove count 1 or the alternative count beyond reasonable doubt.

Jurisdiction
Australia
Judgment Date
09 March 2022
Procedural Posture
Criminal / Judge Alone Trial After Not Guilty Pleas
Outcome
Accused found not guilty of count 1 and the alternative count.
Legal Topics
['aggravated Enter Dwelling With Intent' 'enter Dwelling House With Intent to Commit Larceny' 'judge Alone Trial' 'single Witness Evidence' 'witness Criminally Concerned in Events' 'honesty and Reliability of Witness' 'burden and Standard of Proof' 'accused Not Giving Evidence']
['criminal Law' 'evidence' 'criminal Procedure'] ['aggravated Enter Dwelling With Intent' 'enter Dwelling House With Intent to Commit Larceny' 'judge Alone Trial' 'single Witness Evidence' 'witness Criminally Concerned in Events' 'honesty and Reliability of Witness' 'burden and Standard of Proof' 'accused Not Giving Evidence']

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Procedural Posture

Criminal / Judge Alone Trial After Not Guilty Pleas

Legal Issues

  1. 1 ['Whether the Crown proved beyond reasonable doubt that Nathan John Alty entered the dwelling-house of Glenn Marsh with intent to commit larceny in circumstances of aggravation, namely knowing that persons were in the place where the offence was committed.' 'Whether the Crown proved beyond reasonable doubt the alternative charge that Nathan John Alty entered the dwelling house of Glenn Marsh with intent to commit larceny.' 'Whether Troy Douglas Nancarrow, a witness involved in the alleged crime, was an honest and reliable witness whose evidence could safely be acted upon beyond reasonable doubt.']

Ratio Decidendi

The Crown case was wholly dependent on the honesty and reliability of Troy Douglas Nancarrow. Given his inconsistent accounts, including his evidence that he had lied about Nathan Alty's involvement and that Alty was not present, the Court was not satisfied beyond reasonable doubt that Mr Nancarrow was an honest and reliable witness to the standard required in a criminal trial. The Crown therefore failed to prove count 1 or the alternative count beyond reasonable doubt.

Court Disposition

Accused found not guilty of count 1 and the alternative count.

Orders

  • ['I find the accused not guilty of count 1 and the alternative count.']