NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Rainbow v R [2024] NSWDC 632 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 appellant's conviction appeal is allowed. The convictions for the charges of Hinder Police in the Execution of Duty and Assault Police in the Execution of Duty are quashed. In lieu, the appellant is not guilty regarding both charges. Catchwords: CRIME - Criminal law and procedure – appeal from the Local Court to the District Court – all grounds – Conviction appeal - Hinder Police in Execution of Duty and Assault Police in Execution of Duty – whether police officer was acting in his duty – Conviction appeal allowed – Appellant not guilty Legislation Cited: Law Enforcement (Powers and Responsibilities) Act 2002 Crimes (Appeal and Review) Act 2001 Crimes Act 1900 Cases Cited: Lunney v DPP [2021] NSWCA 186 McNab v DPP (NSW) 2021 106 NSWLR 430 R v Wong [2022] NSWDC 257 R v King (1993) 118 ALR 596 Halliday v Neville [1984] HCA 80, 155 CLR 1 Entick v Carrington (1765) 19 St Tr 1029 Great Central Railway Co v Bates (1921) 3 KB 578 Category: Principal judgment Parties: Director of Public Prosecutions Appellant (Ms Rainbow) Representation: For the Director of Public Prosecutions: Ms N Breward, Solicitor
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