R v Ross (No. 4) [2020] NSWDC 197

R v Ross (No. 4) [2020] NSWDC 197

The Crown disproved the accused's alibi and proved beyond reasonable doubt that he was present with Micallef, Hodder and others in a planned group attack on Monro. However, the Crown did not prove beyond reasonable doubt that the agreement was to inflict grievous bodily harm or that the wounding by knife fell within the agreed enterprise or was foreseen by the accused. The Crown did prove that the accused, in company with Micallef and Hodder, was part of an enterprise to assault Monro and that Monro suffered actual bodily harm, so Count 3 was made out while Counts 1 and 2 were not.

Jurisdiction
Australia
Judgment Date
12 May 2020
Procedural Posture
Criminal Trial on Indictment by Judge Alone / Verdict After Trial
Outcome
The accused was found not guilty on Counts 1 and 2 and guilty on Count 3.
Legal Topics
['gang Assault' 'alibi Evidence' 'joint Criminal Enterprise' 'extended Common Purpose' 'identification Evidence' 'recognition Evidence' 'consciousness of Guilt' 'wounding' 'actual Bodily Harm']
['criminal Law' 'criminal Procedure' 'evidence'] ['gang Assault' 'alibi Evidence' 'joint Criminal Enterprise' 'extended Common Purpose' 'identification Evidence' 'recognition Evidence' 'consciousness of Guilt' 'wounding' 'actual Bodily Harm']

Case Brief

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Procedural Posture

Criminal Trial on Indictment by Judge Alone / Verdict After Trial

Legal Issues

  1. 1 ["Whether the Crown disproved the accused's alibi and proved he was present at Strathavon at the time of the assault." 'Whether the accused was liable on Count 1 for wounding with intent to cause grievous bodily harm by joint criminal enterprise.' 'Whether the accused was liable on Count 2 for reckless wounding in company by joint criminal enterprise or foresight of wounding.' 'Whether the accused was liable on Count 3 for assault occasioning actual bodily harm in company.']

Ratio Decidendi

The Crown disproved the accused's alibi and proved beyond reasonable doubt that he was present with Micallef, Hodder and others in a planned group attack on Monro. However, the Crown did not prove beyond reasonable doubt that the agreement was to inflict grievous bodily harm or that the wounding by knife fell within the agreed enterprise or was foreseen by the accused. The Crown did prove that the accused, in company with Micallef and Hodder, was part of an enterprise to assault Monro and that Monro suffered actual bodily harm, so Count 3 was made out while Counts 1 and 2 were not.

Court Disposition

The accused was found not guilty on Counts 1 and 2 and guilty on Count 3.

Orders

  • ['On Count 1 of the indictment, being that on 19 April 2018, in Wyong in the State of New South Wales, the accused, Daniel Michael Ross, wounded David Monro with intent to cause him grievous bodily harm, the accused is not guilty.' 'On Count 2 of the indictment, being that on 19 April 2018, in Wyong in the State of...