R v Arkle [2022] NSWDC 523

District Court New South Wales

Medium Neutral Citation: R v Arkle [2022] NSWDC 523 Hearing dates: 1 November 2022 Date of orders: 1 November 2022 Decision date: 01 November 2022 Jurisdiction: Criminal Before: Abadee DCJ Decision: See paragraph 36 Catchwords: CRIMINAL LAW – appeals and review – all grounds appeal from decision of Local Court – use of carriage service to menace, harass or offend Legislation Cited: Crimes Act 1914 (Cth) ss 19B, 20 Crimes (Appeal and Review) Act 2001 (NSW) s 18 Criminal Code (Cth) s 474.17 Crimes (Sentencing Procedure) Act 1999 (NSW) s 9 Cases Cited: McNab v DPP (NSW) (2021) 106 NSWLR 430 Lunney v DPP (2021) 105 NSWLR 236 Category: Principal judgment Parties: Commonwealth Director of Public Prosecutions (CDPP) Mr W Arkle (appellant) Representation: Counsel: Mr R Steward for the appellant

Solicitors: Mr A Assaad for the CDPP J Burke Law for the appellant File Number(s): 2020/00285700 Publication restriction: Nil Decision under appeal Court or tribunal: Sutherland Local Court Jurisdiction: Local Court Date of Decision: 6 May 2020 Before: Magistrate P Bugden File Number(s): 2020/00285700

REASONS FOR Judgment

Background 1. On 6 May 2022, Wayde John Arkle was found guilty in the Sutherland Local Court of the offence that early in the morning of 7 March 2020 at Burraneer he used a carriage service, namely a telephone, in such a way that a reasonable person would regard that use as being menacing, harassing or offensive, contrary to s 474.17(1) of the Criminal Code (Cth). The complainant was the appellant's step-mother. 2. The appellant now appeals that conviction.