R v BURGESS; R v SAUNDERS [2005] NSWCCA 52

Reported Decision : 152 A Crim R 100

New South Wales Court of Criminal Appeal

R v BURGESS; R v SAUNDERS [2005] NSWCCA 52 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 29 July 2004

JUDGMENT DATE: 23 February 2005

JUDGMENT OF: Adams J at 1; Hislop J at 51; Newman AJ at 52

DECISION: Appeals against conviction dismissed ; leave to appeal against sentences granted ; appeals dismissed.

CATCHWORDS: CONVICTION APPEAL - defence of another - damage to property of innocent third party - distinction between protest and self-defence - role of judge - whether defence rightly excluded - appeal dismissed - SENTENCE APPEAL - significance of payment of compensation - appeal dismissed

Crimes Act 1900 ss194, 195(a), 418, 422 Criminal Appeal Act 1912 s5F LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 s44(1) International Criminal Court Act 2002 Model Criminal Code

Jones and Milling & Ors v Gloucestershire Crown Prosecution Service [2004] EWCA Crim 1981 Packett v The Queen (1937) 58 CLR 191 Palmer v The Queen [1978] AC 814 R v Cinous [2002] 2 SCR 3, 2002 SCC 29 R v Howe (1958) 100 CLR 448 R v Katarzynski [2002] NSWSC 613 CASES CITED: R v Marshall (unreported, NSWCCA 17 July 1990) R v Muratovic (1967) Qd R 15 R v Phillips and Pringle (1973) 1 NSWLR 275 R v PRFN (unreported, NSWCCA 21 June 2000) Rogers (1996) 86 A Crim R 542 Viro v The Queen (1978) 141 CLR 88 Zecevic v DPP (Victoria) (1987) 162 CLR 645