Key Words: Break and enter with intent to commit a serious indictable offence, section 112 Crimes Act 1900 (NSW) – plea of not guilty – acquittal
LM was charged with breaking into a hardware store and stealing tools. The prosecution case consisted of circumstantial evidence including CCTV footage and the fact that some of the tools were found by police at an address several weeks later.
After considering all the evidence and considering the contents of the CCTV, the Magistrate was not satisfied beyond reasonable doubt that LM was one of the people shown in the CCTV footage nor that LM was connected with the address where the tools were found. The Magistrate concluded that LM was not guilty and dismissed the charge. LM was released from custody at the conclusion of the matter.