P v Patrick BUCKELY [2010] NSWLC 8

Local Court of New South Wales

CITATION: P v Patrick BUCKELY [2010] NSWLC 8

JURISDICTION: Criminal

PARTIES: NSW Police Patrick BUCKELY

FILE NUMBER: H38955287

PLACE OF HEARING: Albury Local Court

DATE OF DECISION: 04/19/2010

MAGISTRATE: Magistrate Lerve

CATCHWORDS: Lawfulness of arrest – whether there was arrest – accused being made aware of reasons for arrest – use of means other than arrest.

LEGISLATION CITED: Law Enforcement (Powers & Responsibilities) Act 2002

DPP –v- AM (2006) 161 A Crim R DPP –v- CAD & Ors [2003] NSWSC 196 CASES CITED: DPP –v- Carr [2002] NSWSC 194 DPP –v- Coe State of New South Wales –v- Delly [2007] NSWCA 303

TEXTS CITED:

REPRESENTATION: Sgt. A. Seccull, Police Prosecutor Mr. M. Sheehan, Solicitor for and with the accused

ORDERS:

1. The accused is charged as follows: 1. That (he) on 2 May 2009 at Albury in the State of New South Wales, did use offensive language, in the hearing of a public place (namely) Albury Police Station foyer and entrance area, contrary to section 4A(1) of the Summary Offences Act, 1988, and 2. That (he) on 2 May 2009 at Albury in the State of New South Wales, did resist Peter Owen, being a Sergeant of Police executing his duty, contrary to section 58 of the Crimes Act 1900; and 3. That (he) on 2 May 2009 at Albury in the State of New South Wales, did resist Matthew Clayton being a Senior Constable of Police, executing his duty. 2. A plea of not guilty was entered to each of the three charges on 19 May 2009, that is, the date the matters were first before the Court. A number of interlocutory matters such as arguments on subpoenas had to be attended to. The matter was fixed for hearing on 28 October 2009 and evidence was taken that day. At the conclusion of the proceedings on that date it was thought by both parties (and the court) that two further hearing days would be required. The matter was adjourned to be heard on 28 and 29 January 2010. Thereafter a timetable was set for written submission and on 22 March 2010 I indicated that I would give my decision on the matter on 19 April 2010.