Hood-Carberry v R [2024] NSWDC 295

District Court New South Wales

Medium Neutral Citation: Hood-Carberry v R [2024] NSWDC 295 Hearing dates: 15 March 2024 Date of orders: 15 March 2024 Decision date: 15 March 2024 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Conviction appeal upheld – the convictions and all orders of the court below are set aside Catchwords: CRIME — Appeal and review — Appeal from Local Court to District Court — By person convicted against conviction CRIME — Violent offences — Resist/Hinder police officer in execution of duty — Assault police officer in the execution of duty CRIME — Police powers under LEPRA — Police powers under Bail Act Legislation Cited: Bail Act 2013 (NSW) Crimes (Appeal and Review) Act 2001 (NSW) Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) Cases Cited: Bugmy v Director of Public Prosecutions (NSW) [2023] NSWSC 862 Bugmy v Director of Public Prosecutions (NSW) [2024] NSWCA 70 Charara v R (2006) 164 A Crim R 39 Dearman v Dearman (1908) 7 CLR 549 Director of Public Prosecutions (NSW) v GW [2018] NSWSC 50 Director Public Prosecutions v Gribble [2004] NSWSC 926 Fox v Percy (2003) 214 CLR 118 McNab v Director of Public Prosecutions (NSW) [2021] NSWCA 298 Category: Principal judgment Parties: Jacob Hood-Carberry (the offender) Public Prosecutions (NSW) (Crown) Representation: Solicitors: H Dreher solicitor for Aboriginal Legal Service (NSW/ACT) A Edye solicitor for Public Prosecutions (NSW) (Crown) File Number(s): 2023/187608