NSW Caselaw
Local Court of New South Wales
CITATION: Police V Paton [2009] NSWLC 34
JURISDICTION: Criminal
PARTIES: Police Damian Paton
FILE NUMBER: H33417763
PLACE OF HEARING: Moree Local Court
DATE OF DECISION: 03/17/2009
MAGISTRATE: Magistrate Richardson
CATCHWORDS: CRIMINAL LAW – offensive language – assessment of whether language offensive having regard to the circumstances and what a reasonable person would think in those circumstances
LEGISLATION CITED: Summary Offences Act 1988
Anderson (unrep NSWCCA CA40469/95, Meagher JA) Ball v McIntyre (1966) 9 FLR 237 Burns v Seagrave [2000] NSWSC 77 Connors v Craigie (1994) 76 A Crim R 502 Evans v Frances (unrep NSWSC, Lusher JA, 10/8/90) CASES CITED: McNamara v Freeburn (NSWSC unrep Yeldham J, 5/8/88) McCormack v Langham (NSWSC unrep Studdert J, 5/9/91 Police v Butler [2003] NSWLC 2 Saunders v Herold (1991) 105 FLR 1 Spence v Loguch (unrep NSWSC, Sully J, 12/11/91) Stutsel v Reid (NSWSC, unrep Loveday J, 5/10/90) Thommery v Humphries (unrep NSWSC, Foster J, 19/6/87)
TEXTS CITED:
REPRESENTATION: Senior Sergeant Willett for the Prosecution Kate Biffin, Aboriginal Legal Service, for the Defendant
ORDERS:
JUDGMENT
1 Mr Damian Paton has been charged with using offensive language in or near a public place and possessing a prohibited drug. He pleaded not guilty to both charges. Paton was charged with using offensive language in the foyer of Moree Police Station and this decision relates to that charge. The charge was laid under section 4A of the Summary Offences Act 1988 which provides:
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