NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: VORHAUER v R [2007] NSWCCA 125
HEARING DATE(S): 10 November 2006
JUDGMENT DATE: 14 May 2007
JUDGMENT OF: McClellan CJ at CL at 1; Hulme J at 66; Rothman J at 67
DECISION: 1. Appeal against conviction dismissed; 2. Grant leave to appeal against sentence but dismiss the appeal
CATCHWORDS: CRIMINAL LAW - Appeal against conviction - application for leave to appeal against sentence - attempt by local council to enter appellant's property - purpose of entry to carry out court order - use of weapon to prevent lawful apprehension - malicious wounding of police officers to avoid apprehension - whether self-defence considered by the jury - whether orders of the Council and Land and Environment Court were valid - whether police had authority to enter premise
Companion Animals Act 1998 (NSW) Judiciary Act 1903 (Cth) LEGISLATION CITED: Mental Health Act 1990 (NSW) Criminal Appeal Act 1912 (NSW) Jury Act 1977 (NSW)
Adams v Kennedy (2000) 49 NSWLR 78 Maxwell v R (1996) 184 CLR 501 CASES CITED: R v Macks and Ors; Ex Parte Saint (2000) 204 CLR 158 R v Presser [1958] VR 45 R v Vorhauer [2002] NSWCCA 483 University of Wollongong v Metwally (1984) 158 CLR 447
PARTIES: Florence Amelia Vorhauer (Appl) The Crown
FILE NUMBER(S): CCA 2004/1772
COUNSEL: Appellant in person J Dwyer (Crown)
SOLICITORS: Appellant in person Director of Public Prosecutions (Crown)
LOWER COURT JURISDICTION: District Court
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