R v Colvin [2021] NSWDC 390

R v Colvin [2021] NSWDC 390

The prosecution proved beyond reasonable doubt that the accused broke and entered the complainant's dwelling by exiting and re-entering through the window, and committed the serious indictable offence of intimidation, knowing persons were present. The complainant's evidence, corroborated by early reports, evidence of a damaged window screen, and the accused's own admissions and letters, established each element of the offence.

Parties
Accused: Jason Keith Colvin; Prosecutor: Director of Public Prosecutions
Jurisdiction
Australia
Judgment Date
11 August 2021
Procedural Posture
Criminal / Judge Alone Trial, Verdict
Outcome
Guilty
Legal Topics
Break and Enter, Intimidation, Serious Indictable Offence, Criminal Procedure, Onus of Proof, Assessment of Evidence
Criminal Law Break and Enter Intimidation Serious Indictable Offence Criminal Procedure Onus of Proof Assessment of Evidence

Case Brief

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Parties

Jason Keith Colvin

Accused

Director of Public Prosecutions

Prosecutor

Procedural Posture

Criminal / Judge Alone Trial, Verdict

Legal Issues

  1. 1 Whether the accused broke and entered the dwelling
  2. 2 Whether the accused committed the serious indictable offence of intimidation while knowing others were present
  3. 3 Whether the prosecution proved each element beyond reasonable doubt

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the accused broke and entered the complainant's dwelling by exiting and re-entering through the window, and committed the serious indictable offence of intimidation, knowing persons were present. The complainant's evidence, corroborated by early reports, evidence of a damaged window screen, and the accused's own admissions and letters, established each element of the offence.

Court Disposition

Guilty

Orders

  • The accused is convicted.