R v Caynn Zachary FITTLER [2016] NSWDC 226

R v Caynn Zachary FITTLER [2016] NSWDC 226

The court rejected as beyond the realms of possibility the defence hypothesis that the stolen bottles were first removed, innocently handled by Mr Fittler elsewhere, and later returned to the premises by others. The location and position of Mr Fittler's fingerprints on the bottle and tube, the location of those items outside the rear of the premises, and the surrounding circumstances proved beyond reasonable doubt that he participated in the break, enter and steal as part of a joint criminal enterprise.

Jurisdiction
Australia
Judgment Date
21 September 2016
Procedural Posture
Criminal / Judge Alone Trial
Outcome
Guilty verdict to Count 1 on Indictment.
Legal Topics
['break, Enter and Steal' 'mild Intellectual Disability' 'fingerprints' 'joint Criminal Enterprise' 'alibi' 'circumstantial Evidence']
['criminal Law' 'evidence'] ['break, Enter and Steal' 'mild Intellectual Disability' 'fingerprints' 'joint Criminal Enterprise' 'alibi' 'circumstantial Evidence']

Case Brief

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Procedural Posture

Criminal / Judge Alone Trial

Legal Issues

  1. 1 ['Whether Mr Fittler was one of those responsible for the break, enter and steal, either as a principal or as part of a joint criminal enterprise.' 'Whether the accepted fingerprint evidence established that Mr Fittler handled the bottles during the burglary rather than innocently at another location.' 'Whether the alibi evidence from Mr Fittler and Ms Rien raised a reasonable doubt.']

Ratio Decidendi

The court rejected as beyond the realms of possibility the defence hypothesis that the stolen bottles were first removed, innocently handled by Mr Fittler elsewhere, and later returned to the premises by others. The location and position of Mr Fittler's fingerprints on the bottle and tube, the location of those items outside the rear of the premises, and the surrounding circumstances proved beyond reasonable doubt that he participated in the break, enter and steal as part of a joint criminal enterprise.

Court Disposition

Guilty verdict to Count 1 on Indictment.

Orders

  • ['Caynn Zachary Fittler found guilty of the charge in the indictment.']