Hemphill v R [2023] NSWDC 398

District Court New South Wales

Medium Neutral Citation: Hemphill v R [2023] NSWDC 398 Hearing dates: 26 September 20023 Decision date: 03 October 2023 Jurisdiction: Criminal Before: Newlinds SC DCJ Decision: Appeal against conviction allowed Catchwords: CRIMINAL – Appeal from Local Court conviction – Intimidation – Proof of Intent Legislation Cited: Crimes (Appeal and Review) Act 2001 NSW, s 18 Crimes (Domestic and Personal Violence) Act 2007 (NSW), ss 7(1), 13(1) Cases Cited: Director of Public Prosecutions (NSW) v Nikolovski Lee v R [2023] NSWCCA 70 McNab v Director of Public Prosecutions [2021] NSWCA 298 R v Blair (2005) NSWCCA 78 R v MacDonald [2019] NSWSC 839 Category: Principal judgment Parties: Lachlan Hemphill Office of the Director of Public Prosecutions (Crown/Respondent) Representation: Counsel: S Russell (Appellant) S McGee (Crown/Respondent)

Solicitors: McNally Jones Staff Lawyers (Appellant) Commonwealth Director of Public Prosecutions (Crown/Respondent) File Number(s): 2021/259309 Publication restriction: Pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW) upon the grounds set out in s 8(1) (e) of the Act there shall be no disclosure, by publication or otherwise, of any information that reveals, or tends to reveal, the name of the person described in these reasons as the "victim". Decision under appeal Court or tribunal: Local Court Jurisdiction: Crime Date of Decision: 23 March 2023 Before: Price LCM