Police v Ruddick [2023] NSWLC 16

Local Court New South Wales

Medium Neutral Citation: Police v Ruddick [2023] NSWLC 16 Hearing dates: 28 September 2023 Decision date: 30 October 2023 Jurisdiction: Criminal Before: Clisdell LCM Decision: Both offences proven beyond reasonable doubt Legislation Cited: Police Act 1990 (NSW) Summary Offences Act 1988 (NSW) Crimes Act 1900 (NSW) Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) Cases Cited: Jankovic v DPP [2020] NSWCA 31 DPP v Carr [2002] NSWSC 194 R v Rondo [2001] NSWCCA 540 DPP v Gribble (2004) 151 A Crim R 256 Street v Bowler NSWSC unreported Robinson v State of NSW [2018] NSWCA 231 Texts Cited: Hansard NSW Legislative Assembly 19 June 2018 – Attorney General M Speakman Category: Principal judgment Parties: NSW Police (Prosecutor)

Iestyn Ruddick (Defendant) Representation: Counsel:

Inspector Harris (Police Prosecutor)

Andrew Herring (Defendant) File Number(s): 2022/00365172 Publication restriction: Nil

Judgment 1. Iestyn Ruddick was charged with two offences following an interaction with NSW Police (hereafter the Police) on Macs Reef Road, Bywong on 21 November 2022. Firstly, that he had without reasonable excuse custody of several knives in his possession (s 11C Summary Offences Act 1988 (NSW)) and secondly, that he resisted the Police in the execution of their duty (s 60 (1AA) Crimes Act 1900 (NSW)). 2. Mr Ruddick pleaded not guilty, and the matter went to hearing on 28 September 2023. 3. Unusually, there was not any real dispute as to the facts as they were available from the Body Worn Video (BWV) of Constable Wright. In addition, there were some Computer Aid Despatch (CAD) messages (Exhibit 3) from the Police system, some photos of the seized items, and the statements of the three Police officers. The three Police Officers were cross-examined. 4. No evidence was called on behalf of the Accused. The Defence raised on behalf of Mr Ruddick is a legal one, notably that the Police were not acting in the course of their duty and that the facts fail to disclose any physical action by the accused that could amount to resisting Police.