NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Davis v R [2024] NSWDC 414 Hearing dates: 30 July 2024 Date of orders: 6 August 2024 Decision date: 06 August 2024 Jurisdiction: Criminal Before: D Barrow SC DCJ Decision: The decision of the learned Magistrate is upheld. The appeal is dismissed. Catchwords: Criminal law and procedure – appeal from the Local Court to the District Court – conviction appeal – resist police officer in the execution of his duty Lawfulness of arrest – whether there was arrest WORDS AND PHRASES – "arrest" – Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), s 202 Legislation Cited: Law Enforcement (Powers and Responsibilities) Act 2002 Road Transport Act 2013 Crimes Act 1900 Crimes (Appeal and Review) Act 2001 Cases Cited: State of New South Wales v Randall [2017] NSWCA 88 Lunney v DPP [2021] NSWCA 186 McNab v DPP (NSW) 2021 106 NSWLR 430 R v Wong [2022] NSWDC 257 R v Inwood [1973] 2 All ER 645 Christie v Leachinsky [1947] AC 573 R v Dungay [2007] NSWCCA 443 NSW v Riley (2003) 57 NSWLR 496, [2003] NSWCCA 208 Category: Principal judgment Parties: Jed Davis (Appellant) Regina (Crown) Representation: Director of Public Prosecutions, Ms N Breward Solicitor for the Appellant, Mr J Fahey File Number(s): 2023/00199471 Decision under appeal Court or tribunal: Local Court Before: Prowse LCM
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