Rowlands v R [2021] NSWDC 723

District Court New South Wales

Medium Neutral Citation: Rowlands v R [2021] NSWDC 723 Hearing dates: 15 and 16 November 2021 Date of orders: 17 November 2021 Decision date: 17 November 2021 Jurisdiction: Criminal Before: P Taylor SC DCJ Decision: (1) The conviction appeal is upheld. (2) I set aside the convictions and orders of Magistrate Greenwood made on 9 June 2021. (3) I find the accused not guilty on both charges. (4) I grant liberty to the appellant to make any application in respect of costs by email to my associate within 7 days. Catchwords: APPEAL – Conviction and Sentence Appeal CRIME — Violent offences — Resist/Hinder police officer in execution of duty CRIME — Summary offences — Offensive language in a public place Legislation Cited: Law Enforcement (Powers and Responsibilities) Act 2002, s 99 Cases Cited: Dyason v Butterworth [2015] NSWCA 52 Lim v R (2017) 25 DCLR (NSW) 253; [2017] NSWDC 231 Monis v R; Droudis v R (2013) 249 CLR 92; [2013] HCA 4 Police v Paton [2009] NSWLC 34 R v Jovanovic (1997) 42 NSWLR 520 Category: Principal judgment Parties: Stephen James Rowlands (Appellant) Regina (Respondent) Representation: Solicitors: Bannisters Lawyers (Appellant) Office of the Director of Public Prosecutions NSW (Respondent) File Number(s): 2020/10453 Publication restriction: None Decision under appeal Court or tribunal: Local Court of New South Wales Jurisdiction: Criminal Date of Decision: 9 June 2021 Before: Magistrate M Greenwood File Number(s): 2020/10453