R v Kershaw [2022] NSWDC 90

District Court New South Wales

Medium Neutral Citation: R v Kershaw [2022] NSWDC 90 Hearing dates: 21 March 2022 – 23 March 2022 Date of orders: 29 March 2022 Decision date: 29 March 2022 Jurisdiction: Criminal Before: Wilson SC DCJ Decision: The arrest was unlawful. The police officers were not acting in the execution of their duties when they were violently assaulted by the accused. The verdict on counts 3 and 5 of the indictment is not guilty. Catchwords: CRIMINAL PROCEDURE — Trial — Judge alone – intimidation – assault – assault police officer in execution of duty occasioning actual bodily harm – assault occasioning actual bodily harm. Legislation Cited: Crimes Act 1900 (NSW) s 60(2) Criminal Procedure Act 1986 (NSW) s 133 Law Enforcement (Powers & Responsibility) Act 2002 (NSW) ss 4, 201, 202 Cases Cited: AK v Western Australia [2008] HCA 8 Fleming v R (1998) 197 CLR 250 Christie and Leachinski [1947] AC 573 Adams v Kennedy (2009) 49 NSWLR 78 State of New South Wales v Delly (2007) 70 NSWLR 125 State of New South Wales v Smith (2017) 95 NSWLR 662 Robinson v State of New South Wales (2018) 100 NSWLR 782 New South Wales v Robinson (2019) 266 CLR 619 Coleman v Power [2004] HCA 39 Category: Principal judgment Parties: Regina Mr William Peter Kershaw Representation: Counsel: Crown: Mr P Lowe Defence: Mr J Tyler-Stott