R v Steele [2022] NSWDC 603

R v Steele [2022] NSWDC 603

The prosecution proved beyond reasonable doubt that the accused intimidated the complainant on Counts 1 and 2, and that on Count 3 he broke and entered the complainant's dwelling knowing she was present and committed the serious indictable offence of intimidation. The Court rejected the accused's evidence about his intentions, state of mind, permission to enter and concern for the complainant, accepted the complainant's evidence as supported by objective facts including the 000 recording, text messages, lease and door damage, and inferred from the accused's conduct, the surrounding circumstances and the established pattern of domestic violence that he knew his conduct was likely to cause...

Jurisdiction
Australia
Judgment Date
02 December 2022
Procedural Posture
Criminal / Judge Alone Trial Verdicts in the District Court of New South Wales
Outcome
Benjamin Steele was found guilty on all three counts.
Legal Topics
['intimidation' 'aggravated Break and Enter' 'judge Alone Trial' 'conflict of Evidence' 'domestic Violence Evidence' 'tendency Evidence' 'consent or Implied Permission to Enter' 'proof Beyond Reasonable Doubt']
['criminal Law' 'criminal Procedure' 'evidence' 'domestic Violence'] ['intimidation' 'aggravated Break and Enter' 'judge Alone Trial' 'conflict of Evidence' 'domestic Violence Evidence' 'tendency Evidence' 'consent or Implied Permission to Enter' 'proof Beyond Reasonable Doubt']

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Procedural Posture

Criminal / Judge Alone Trial Verdicts in the District Court of New South Wales

Legal Issues

  1. 1 ['Whether the acts alleged to constitute intimidation in Count 1 occurred and were proved beyond reasonable doubt.' 'Whether the text messages relied on for Count 2 constituted intimidation and whether the accused knew his words and actions were likely to cause the complainant to fear physical or mental harm.' 'Whether the words and actions relied on for Count 3 constituted intimidation and whether the accused knew his conduct was likely to cause fear of physical or mental harm.' 'Whether the accused broke into the Bombala premises and did not enter pursuant to an actual or implied right or permission to do so.']

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the accused intimidated the complainant on Counts 1 and 2, and that on Count 3 he broke and entered the complainant's dwelling knowing she was present and committed the serious indictable offence of intimidation. The Court rejected the accused's evidence about his intentions, state of mind, permission to enter and concern for the complainant, accepted the complainant's evidence as supported by objective facts including the 000 recording, text messages, lease and door damage, and inferred from the accused's conduct, the surrounding circumstances and the established pattern of domestic violence that he knew his conduct was likely to cause...

Court Disposition

Benjamin Steele was found guilty on all three counts.

Orders

  • ['Count 1: Guilty of the offence of intimidation.' 'Count 2: Guilty of the offence of intimidation.' 'Count 3: Guilty of the offence of aggravated break and enter and commit a serious indicatable offence.']