Regina v Hughes [2003] NSWCCA 105

New South Wales Court of Criminal Appeal

CITATION : Regina v Hughes [2003] NSWCCA 105 revised - 15/04/2003 HEARING DATE(S) : 4 April 2003 JUDGMENT DATE : 4 April 2003

JUDGMENT OF : Grove J at 1; Simpson J at 15; Hidden J at 16 DECISION : APPEAL DISMISSED; LEAVE TO ADDUCE FRESH EVIDENCE REFUSED

CATCHWORDS : ATTEMPT TO INTIMIDATE COMMONWEALTH OFFICER - INGREDIENTS OF OFFENCE - TRIAL - APPROPRIATE DIRECTIONS TO JURY - UNTENABLE GROUNDS OF APPEAL - NO SPECIAL POINT OF PRINCIPLE LEGISLATION CITED : Crimes Act (Commonwealth) s76(1)(b) and s7 PARTIES : Regina v David Zero Population Growth Hughes aka David Roy Hughes FILE NUMBER(S) : CCA 60040/02 COUNSEL : In person (Applicant) G.J. Bellew (Crown) SOLICITORS : - Commonwealth Director of Public Prosecutions

LOWER COURT District Court JURISDICTION : LOWER COURT 01/11/0306 FILE NUMBER(S) : LOWER COURT Finnane DCJ JUDICIAL OFFICER :

********** IN THE COURT OF CRIMINAL APPEAL 60040/02 GROVE J SIMPSON J HIDDEN J Friday 4 April 2003

REGINA v DAVID ZERO POPULATION GROWTH HUGHES aka DAVID ROY HUGHES

JUDGMENT

1 GROVE J: This is an appeal following conviction of the appellant after a trial upon indictment asserting that he did intentionally and knowingly attempt to intimidate the Hon Justice Brian Tamberlin, a person exercising power under a law of the Commonwealth. Upon conviction the appellant was sentenced to imprisonment for eleven months and fifteen days, to be released upon recognisance after serving seven months and fifteen days. 2 The appellant was duly released after expiry of the last mentioned term and in fact the entirety of the term is now expired. He was represented by solicitor and counsel at trial, but has appeared for himself in this appeal. 3 Pursuant to directions by the Registrar, he has filed formal grounds of appeal, some fifteen in number, to which is attached a document under the heading "Arguments". That document contains an extract from a book called "The Pill" and an extract from a publication by a columnist in The Australian newspaper. These extracts relate to some background, which led to the appellant's appearance before the Federal Court, but are manifestly irrelevant to the jurisdiction of this Court. The grounds specified by the appellant are scheduled hereto. 4 The background facts can be quickly sketched. Proceedings were commenced against the appellant by the Australian Consumer and Competition Commission. Certain orders were made for amendments to a website under the control of the appellant and there was non compliance with those orders. In due course Tamberlin J made orders that the appellant be imprisoned for two weeks, but he directed that the relevant warrant lie in the office for a period. 5 Further proceedings came before the Court on 9 March 2001. Towards the end of the proceedings in the Federal Court the appellant was seen to take from a backpack a white metal box. Ultimately this led to an exchange between the appellant and the presiding judge in these terms: "APPELLANT: It's a bomb.