NSW Caselaw
New South Wales District Court
CITATION: Appeal of Andrew Phillip Schofield [2006] NSWDC 74
HEARING DATE(S): 12 July 2006 13 July 2006
JUDGMENT DATE: 17 July 2006
EX TEMPORE JUDGMENT DATE : 11/19/2006
JURISDICTION: District Court Appeal
JUDGMENT OF: Nicholson SC DCJ
DECISION: The prosecution has proaved beyond reasonable doubt the appellant assaulted Sebastian Whitbread (para [49]); The acts of the appellant in respect of Christian Whitbread were done in self defence (para [51]); Appellant entitled to s10 Crimes (Sentencing Procedure) Act discharge (para [58]); Formal Orders - see para [62].
CATCHWORDS: Criminal Law - Conviction Appeal from Local Court - State Rail Transit Officers - Sources of power to arrest - common law power of arrest - s352 Crimes Act power of arrest - summary conviction under any Act - summary conviction under any regulation - assault - self defence - powers to remove from rail property.
Crimes Act 1900 - s352(1)(A), S418, Crimes (Sentencing Procedure) Act 1987 s.10 Criminal Procedure Act 1986 s. 6 Interpretation Act 1987 - s20, s65, s67 LEGISLATION CITED: Law Enforcement (Powers and Responsibilities) Act 2002 - s100 Rail Safety Act 2002 s.95 Railway Safety (General) Regulations cl 18-39. Rail Safety Act 2002 Criminal Procedure Act Crimes (Sentencing Procedure) Act
PARTIES: Regina (Respondent) Andrew Phillip Schofield (Appellant)
FILE NUMBER(S): 06/32/0111
COUNSEL: Appellant:: W. Terracini SC with P. F. Doyle
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate