R v William John Murray [2008] NSWDC 226

New South Wales District Court

CITATION: R v William John Murray [2008] NSWDC 226

HEARING DATE(S): 8-13 October 2008

JUDGMENT DATE: 17 October 2008

JURISDICTION: Criminal

JUDGMENT OF: Hulme SC DCJ

DECISION: Verdicts of guilty on all counts

CATCHWORDS: CRIMINAL LAW - Trial - Judge Alone - Resist and assault police, attempt to use weapon to avoid apprehension, escape - Self defence

Bail Act, 1978 Crimes Act 1900 LEGISLATION CITED: Criminal Procedure Act 1986 Australian Federal Police Force Act 1979 (Cth) Law Enforcement (Powers and Responsibilities) Act 2002

Crawford v R [2008] NSWCCA 166 CASES CITED: Director of Public Prosecutions Reference No 1 of 1993; R v K (1993) 118 ALR 596 at 601 Director of Public Prosecutions v Gribble [2004] NSWSC 926

PARTIES: Regina v William John Murray

FILE NUMBER(S): 2008/00005121

COUNSEL: Ms S Dowling (Crown) Mr P Young SC (Accused)

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JUDGMENT AND VERDICTS

1 HIS HONOUR: On 8 October 2008 the Accused, William John MURRAY, was arraigned before me on an indictment alleging that he committed 2 offences of resisting a police officer in the execution of the officer's duty, 2 offences of assaulting a police officer in the execution of the officer's duty, 1 offence of attempting to use an offensive weapon with intent to prevent the lawful apprehension of himself and 1 offence of escaping from lawful custody.

2 He entered pleas of not guilty to each count. A trial then proceeded before me with the Accused having elected to be tried without a jury. I am satisfied that before making that election he sought and received legal advice from an Australian legal practitioner: see s.132 Criminal Procedure Act 1986.