Grajewski v Director of Public Prosecutions (NSW) [2019] HCA 8

HIGH COURT OF AUSTRALIA

KIEFEL CJ, BELL, KEANE, NETTLE AND GORDON JJ

PAUL OLAF GRAJEWSKI APPELLANT

AND

DIRECTOR OF PUBLIC PROSECUTIONS (NSW) RESPONDENT

Grajewski v Director of Public Prosecutions (NSW) [2019] HCA 8 13 March 2019 S141/2018

ORDER

1. Appeal allowed.

2. Set aside the order of the Court of Criminal Appeal of the Supreme Court of New South Wales dated 24 October 2017 and in lieu thereof order that the questions submitted to the Court of Criminal Appeal by Judge Bright be answered as follows:

Can these facts support a finding of guilt for an offence contrary to section 195(1)(a), Crimes Act, 1900?

No.

In particular, was the evidence capable of proving beyond reasonable doubt that Ship Loader 2 had been damaged by the conduct of Paul Olaf GRAJEWSKI?

Unnecessary to answer.

3. Quash the conviction and sentence of the District Court at Newcastle on 29 May 2017 on the appeal to the District Court.

On appeal from the Supreme Court of New South Wales

Representation

T A Game SC with A T S Dawson SC and N D Funnell for the appellant (instructed by O'Brien Criminal & Civil Solicitors)

D T Kell SC with E Jones for the respondent (instructed by Office of the Director of Public Prosecutions (NSW))

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Grajewski v Director of Public Prosecutions (NSW)

Criminal law – Appeal against conviction – Question of law referred to Court of Criminal Appeal – Case stated – Destroying or damaging property – Physical element of offence – Where appellant harnessed himself to ship loader – Where ship loader shut down due to safety concerns – Where ship loader inoperable until appellant removed – Where no alteration to physical integrity of ship loader – Whether property damaged.