Col v The Queen [2013] NSWCCA 302
- casetreasury
- Aug 1, 2024
- 2 min read
Facts: Defendant (D) was convicted of causing GBH to his de facto spouse. The domestic violence dispute arose re D’s attendance at a BBQ after work; it got physical, he smashed her phone, dragged her around the house, set fire to her on the bed using methylated spirits. D helped extinguish her & called 000 several times. D claimed he was smoking a cigar, came to kiss her goodnight and his cigar alighted the bed. He tried to put it out with what he thought was water, but it turned out to be methylated spirits. She had previously made written and oral statements to police, ambulance officers, friends & family. But at trial, she said she was heavily sedated/not fully conscious in hospital when she made the statements, that they were not truthful, & that she had no recollection of what happened. She was cross-examined (CE) by the prosecution (Pr) as an unfavourable witness (as she was giving evidence contrary to the Pr case) on the different versions of her statements given to police, family and friends.