Brett Richardson v Regina [2015] NSWDC 246

Brett Richardson v Regina [2015] NSWDC 246

On an independent review of the evidence, especially the CCTV footage, the Court was satisfied beyond reasonable doubt that the appellant was guilty of both offences. The appellant briefly paused, faced Ms Brighten and forcefully struck her after she pulled his shirt, and that response was disproportionate to any perceived threat. After she fell, the appellant returned to Mr Provan and punched and kneed him when he was being held, moving from protector to aggressor; those actions were not self-defence or defence of another and were totally out of proportion to any perceived threat.

Jurisdiction
Australia
Judgment Date
10 June 2015
Procedural Posture
Criminal Appeal Against Local Court Convictions for Affray and Recklessly Causing Grievous Bodily Harm / District Court Rehearing on Certified Transcripts and Exhibits
Outcome
Appeal dismissed; convictions upheld.
Legal Topics
['affray' 'recklessly Causing Grievous Bodily Harm' 'self Defence' 'defence of Another' 'self Induced Intoxication' 'appeal From Local Court Conviction']
['criminal Law' 'criminal Procedure'] ['affray' 'recklessly Causing Grievous Bodily Harm' 'self Defence' 'defence of Another' 'self Induced Intoxication' 'appeal From Local Court Conviction']

Case Brief

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Procedural Posture

Criminal Appeal Against Local Court Convictions for Affray and Recklessly Causing Grievous Bodily Harm / District Court Rehearing on Certified Transcripts and Exhibits

Legal Issues

  1. 1 ['Whether the appellant was guilty beyond reasonable doubt of affray pursuant to section 93C(1) Crimes Act 1900 and recklessly causing grievous bodily harm pursuant to section 35 (2) of Crimes Act 1900.' 'Whether the prosecution negatived self-defence beyond reasonable doubt in relation to the appellant striking Ms Brighten.' "Whether the prosecution negatived self-defence or defence of another beyond reasonable doubt in relation to the appellant's later conduct towards Mr Provan." "How the District Court should approach an appeal under section 18(1) Crimes (Appeal and Review) Act 2001 from a magistrate's decision."]

Ratio Decidendi

On an independent review of the evidence, especially the CCTV footage, the Court was satisfied beyond reasonable doubt that the appellant was guilty of both offences. The appellant briefly paused, faced Ms Brighten and forcefully struck her after she pulled his shirt, and that response was disproportionate to any perceived threat. After she fell, the appellant returned to Mr Provan and punched and kneed him when he was being held, moving from protector to aggressor; those actions were not self-defence or defence of another and were totally out of proportion to any perceived threat.

Court Disposition

Appeal dismissed; convictions upheld.

Orders

  • ['Appeal dismissed.']