Meller v Low [2000] NSWSC 75

Reported Decision : 48 NSWLR 517

New South Wales Supreme Court

CITATION : Meller v Low [2000] NSWSC 75 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 12658/99 HEARING DATE(S) : 15 February 2000 JUDGMENT DATE : 23 February 2000

PARTIES : Anthony John MELLER (Plaintiff) Garry LOW (Defendant) JUDGMENT OF : Simpson J at 1

COUNSEL : Mr P Lakatos - Plaintiff Mr P Berman - Defendant SOLICITORS : T Murphy - Plaintiff S E O'Connor - Defendant Crimes Act 1900 LEGISLATION CITED : Interpretation Act 1987 Crimes Amendment (Assault of Police Officers) Act 1997 Crimes Act 1914 (Cth) R v Adams (1035)53 CLR 563 Beckwith v R (1976) 135 CLR 569 Waugh v Kippen (1986) 160 CLR 156 Smith v Corrective Services Commission (NSW) (1980) 147 CLR 134 at 139 Neale v Colquohoun [1944] SASR CASES CITED : Ex parte Fitzgerald; Re Gordon (1945) 45 SR (NSW) 360 at 365 Bond v Goudie [1937] SASR 417 at 419 R v Mathews (1993) 2 Qd R 316 Connor v Kent [1891] 2 QB 545 Judge v Bennett (1887) JP 247 DPP v Mills [1997] 2 CR App R 6. DECISION : Orders deferred

THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

SIMPSON J

23 February 2000

12648/99 Anthony John MELLER v Garry LOW Judgment

HER HONOUR : 1 On 12 August 199 the plaintiff was convicted by a magistrate of two charges of intimidating police officers (Garry Low and Mark Carter in the first charge, Jon Pearce in the second charge). In the present proceedings he seeks an order quashing the convictions and a declaration that the magistrate erred in holding that the prosecution had made out a prima facie case. 2 The charges were laid under s 60(1) of the Crimes Act 1900 which is in the following terms: "60(1) A person who assaults, stalks, harasses or intimidates a police officer in the execution of the officer's duty, although no actual bodily harm is occasioned to the officer, is liable to penal servitude for 5 years." 3 The only evidence given in the proceedings was provided to the magistrate by way of statements made by the prosecution witnesses, all police officers. There was no challenge to any of the facts asserted. The evidence established that, at about 2.40 pm on 28 April 1999 police were present at a location in Waterloo where they were arresting two individuals (not the plaintiff). A conversation took place between the plaintiff and Constable Low to the following effect: