Annual Report 2012-2013 page 19

The Queen v ML

ML, a retired police officer, was indicted for using an offensive weapon likely to endanger human life or cause grievous bodily harm, reckless threat to kill, burglary with intent to cause harm, assault occasioning actual bodily harm, and contravening a protection order - all against his wife the complainant. He was tried by judge alone.

The Crown case was that ML had separated from his wife acrimoniously and, had broken in and waited in the family home for his wife to return.  The allegation was that he wore two pairs of rubber gloves and came up behind her carrying an improvised device connected to an illegal power point under the house, which did not pass through the fuse box.  He attempted to jab the device, which had a sharp piece of metal attached to an extension cord, into her hand, and said that he intended to kill her.  This had no effect, and so he attempted to strangle her and smother her mouth and nose.  When she said, “Please stop.  The kids.  The kids,” he stopped and ran out of the house.  She immediately called emergency services, and gave that version of events to the operator and to a neighbour who arrived to assist.

The Chief Justice found that, because the complainant was not electrocuted by the device, it must not have been live, and so was not an offensive weapon likely to endanger life or cause grievous bodily harm.  His Honour dismissed this charge at the conclusion of the Crown case.

The accused gave evidence that he had arranged with the complainant to do maintenance around the house, including cleaning the drains, requiring rubber gloves.  He said that he was holding a voltmeter and was approached by the complainant, who initiated a sudden verbal and physical altercation.  As a result of striking him, he said, she sustained the wounds on her hands from the voltmeter.  He said he was struck with the extension cord by the complainant, explaining the presence of her blood on the cord. The Chief Justice found the accused not guilty on all remaining charges except contravening the protection order, because he found that the Crown did not disprove the version of the accused.  He found that the complainant’s recollection could not be trusted, there was no sign of forced entry, and the placement of the cords in the house was not consistent with her version.

On the charge of contravening a protection order, ML was sentenced to three months imprisonment, backdated to account for time served on remand.

R v AC

AC, an affiliate of the Rebels Outlaw Motor Cycle Gang, was charged with assaulting his partner, ML, on two occasions, causing her actual bodily harm. The pair had been in a relationship for 15 months, and ML had given birth to their son five weeks prior to the first incident.

That incident began with AC and ML arguing one morning about where AC had been the previous night. During the argument AC became violent and punched ML in the face. The violence continued throughout the day. AC hit ML multiple times in the face, causing black eyes, headaches and a blood nose. He punched her in the thigh, causing a large fist-shaped bruise.

The second assault occurred eight days later. Around midday AC became angry at ML because his computer was having problems. He and ML began to argue and AC again became violent. He slapped ML hard on the side of the face, rupturing her eardrum.

ML reported both assaults to Police on the afternoon of the second incident. AC was arrested and charged. He initially pleaded not guilty to both assaults, but changed his pleas to guilty in the week prior to the hearing.