O’Connell v Director of Public Prosecutions (NSW) [2021] NSWSC 1519

Supreme Court New South Wales

Medium Neutral Citation: O'Connell v Director of Public Prosecutions (NSW) [2021] NSWSC 1519 Hearing dates: 11 November 2021 Date of orders: 26 November 2021 Decision date: 26 November 2021 Jurisdiction: Common Law Before: Dhanji J Decision: (1) Pursuant to s 53(1)(b) of the Crimes (Appeal and Review) Act 2001 (NSW), leave is granted to appeal against the convictions imposed in the Local Court on 25 January 2021. (2) Pursuant to s 55(1)(b) of the Crimes (Appeal and Review) Act 2001, the decision of the learned Magistrate is set aside and the matter is remitted to the Local Court to be dealt with according to law. Catchwords: CRIME – Appeal and review – Appeal from Local Court to Supreme Court – inadequacy of reasons – question of mixed law and fact – where plaintiff's case alleged inconsistency between body-worn camera footage and police officers' evidence – where plaintiff submitted that certain elements could not be established beyond reasonable doubt – failure to deal with arguments raised by plaintiff – appeal allowed Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), ss 52, 53, 55 Crimes Act 1900 (NSW), s 58 Evidence Act 1995 (NSW), s 138 Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), s 99 Liquor Act 2007 (NSW), s 77 Cases Cited: AK v Western Australia (2008) 232 CLR 438; [2008] HCA 8 Ange v Contos [2020] NSWSC 64 Campbelltown City Council v Vegan (2006) 67 NSWLR 372; [2006] NSWCA 284 Director of Public Prosecutions (NSW) v Illawarra Cashmart Pty Ltd (2006) 67 NSWLR 402; [2006] NSWSC 343 Inghams Enterprises Pty Ltd v Lakovska [2014] NSWCA 194 Johnson v Miller (1937) 59 CLR 467; [1937] HCA 77 Mahmood v State of Western Australia (2008) 232 CLR 397; [2008] HCA 1 Orr v Cobar Management Pty Limited (2020) 103 NSWLR 36; [2020] NSWCCA 220 Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110 Wainohu v State of New South Wales (2011) 243 CLR 181; [2011] HCA 24 Waterways Authority v Fitzgibbon [2005] HCA 57; (2005) 79 ALJR 1816 Category: Principal judgment Parties: Colman O'Connell (Plaintiff) Director of Public Prosecutions (NSW) (Defendant) Representation: Counsel: R Baldeo (Plaintiff) J Davidson (Defendant)