Neil v R [2022] NSWDC 402

District Court New South Wales

Medium Neutral Citation: Neil v R [2022] NSWDC 402 Hearing dates: 30-31 May 2022, 1, 6-7, 10, 14 June 2022 Date of orders: 6, 10, 14 June 2022 Decision date: 14 June 2022 Jurisdiction: Criminal Before: Neilson DCJ Decision: See pars [109], [121]-[124]. Catchwords: CRIME – EVIDENCE – IDENTIFICATION EVIDENCE – Whether officers in pursuit could validly identify offenders in the vehicle. CRIME – APPEAL – CONVICTION APPEAL – DRIVING OFFENCES - Whether reasonable doubt existed –Whether Appellant "menaced" officer in pursuit – Meaning of "menace" and "menacing". CRIME – APPEAL – SEVERITY OF SENTENCE – Whether indicative sentences too severe – Whether aggregate sentence severe – Commencement of sentence. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Road Transport Act 2013 (NSW) Cases Cited: Moffitt v R [2020] NSWDC 486 Police v Neil [2021] NSWLC 3 Texts Cited: Howie, R.N., and Johnson, P.A. (1998). Criminal Practice and Procedure New South Wales, Butterworths, Sydney Shorter Oxford English Dictionary, fifth edition, 2002, Oxford University Press Category: Principal judgment Parties: Appellant – Aleck Neil R – Crown Representation: Counsel: Appellant - O'Rourke, T. Solicitors: Appellant – LegalAid New South Wales R – Ervin, C. of the Office of the Director of Public Prosecutions File Number(s): 2020/00130462; 2020/00150898 Publication restriction: Nil. Decision under appeal Court or tribunal: Local Court of New South Wales Jurisdiction: Criminal Citation: Police v NEIL [2021] NSWLC 3 Date of Decision: 18 June 2021 Before: Farnan LCM File Number(s): 2020/00130462