R v Dawson [2022] NSWDC 413

R v Dawson [2022] NSWDC 413

The accused produced a shortened, loaded shotgun, pointed it at close range at the victim's face, with his finger on the trigger, and within 20 seconds the firearm discharged, causing grievous bodily harm. The evidence excludes any reasonable possibility of an involuntary discharge or lack of recklessness. The accused's conduct amounted to reckless causation of actual bodily harm under s35(2) of the Crimes Act 1900.

Jurisdiction
Australia
Judgment Date
14 September 2022
Procedural Posture
Criminal / Judge Alone Trial, Verdict
Outcome
Guilty verdict on count 2
Legal Topics
['reckless Grievous Bodily Harm' 'causation' 'definition of Recklessness' 'consciousness of Guilt' 'admissibility of Guilty Plea to Another Count' 'application to Reopen Case' 'discharge of Firearm' 'use of Sawn Off Shotgun' 'voluntary Acts' 'expert Evidence' 'trigger Pull' 'application of Recklessness Standard']
['criminal Law'] ['reckless Grievous Bodily Harm' 'causation' 'definition of Recklessness' 'consciousness of Guilt' 'admissibility of Guilty Plea to Another Count' 'application to Reopen Case' 'discharge of Firearm' 'use of Sawn Off Shotgun' 'voluntary Acts' 'expert Evidence' 'trigger Pull' 'application of Recklessness Standard']

Case Brief

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Procedural Posture

Criminal / Judge Alone Trial, Verdict

Legal Issues

  1. 1 ['Whether the accused was reckless as to causing actual bodily harm' "Whether the accused's act was a substantial or significant cause or contributing factor to the injury" 'Whether the voluntary act of the accused meets the threshold for criminal responsibility' 'Whether a plea to one count can be used as evidence in proof of another count' 'Whether Crown can reopen its case to admit transcript of guilty plea']

Ratio Decidendi

The accused produced a shortened, loaded shotgun, pointed it at close range at the victim's face, with his finger on the trigger, and within 20 seconds the firearm discharged, causing grievous bodily harm. The evidence excludes any reasonable possibility of an involuntary discharge or lack of recklessness. The accused's conduct amounted to reckless causation of actual bodily harm under s35(2) of the Crimes Act 1900.

Court Disposition

Guilty verdict on count 2

Orders

  • ['I find the accused guilty of causing grievous bodily harm and being reckless as to causing actual bodily harm to Luke Coughlan under s35(2) Crimes Act 1900.']