R v KEAN [2009] NSWDC 435

R v KEAN [2009] NSWDC 435

The accused failed to satisfy the court on the balance of probabilities that he had reasonable grounds for believing no-one was home, given the evidence of a large home, lights on, and Mrs Campbell's presence.

Jurisdiction
Australia
Judgment Date
16 November 2009
Procedural Posture
Criminal / Judgment After Judge Alone Trial
Outcome
guilty
Legal Topics
['aggravated Break Enter and Steal' 'break Enter and Steal' 'larceny' 'circumstance of Aggravation']
['criminal Law'] ['aggravated Break Enter and Steal' 'break Enter and Steal' 'larceny' 'circumstance of Aggravation']

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Procedural Posture

Criminal / Judgment After Judge Alone Trial

Legal Issues

  1. 1 ['Whether the accused had reasonable grounds for believing no-one was home at the time of the offence' 'Onus for proving circumstance of aggravation']

Ratio Decidendi

The accused failed to satisfy the court on the balance of probabilities that he had reasonable grounds for believing no-one was home, given the evidence of a large home, lights on, and Mrs Campbell's presence.

Court Disposition

guilty

Orders

  • ['The accused is found guilty of count one on the indictment' 'The accused has pleaded guilty to larceny of a motor vehicle']