Director of Public Prosecutions (NSW) v Horwood [2009] NSWSC 1447

Reported Decision : 78 NSWLR 32

New South Wales Supreme Court

CITATION : Director of Public Prosecutions (NSW) v Horwood [2009] NSWSC 1447 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 30 November 2009

JUDGMENT DATE : 18 December 2009

JUDGMENT OF : Fullerton J

1. The order of Holdsworth LCM made on 4 June 2009 at Newcastle Local Court dismissing proceedings commenced against the defendant for the offence of failing/refusing to disclose his identity on request, pursuant to s 12 of the Law Enforcement (Powers and Responsibilities) Act 2002, is set aside. 2. The order of Holdsworth LCM made on 4 June 2009 at Newcastle Local Court dismissing proceedings commenced against the defendant for the offence of resisting a police officer in the execution of his duty, pursuant to s 58 of the Crimes Act 1900, is set aside. DECISION : 3. Both the matters are remitted to the Local Court to be dealt with according to law. 4. The defendant is to pay the plaintiff's costs of these proceedings. 5. I direct that a certificate issue under s 6 of the Suitors' Fund Act 1951.

CATCHWORDS : CRIMINAL LAW - appeal from the Local Court - contravention of s 12 of LEPRA - proper construction of s 11 of LEPRA - resist arrest - whether police officer empowered to request defendant to disclose identity - whether s 11 LEPRA abrogates the common law rights to silence - consideration of extrinsic material in interpretation of Acts and statutory rules

Crimes Act 1900 Crimes Legislation Amendment (Police and Public Safety) Act 1998 Crimes (Local Courts Appeal and Review) Act 2001 LEGISLATION CITED : Director of Public Prosecutions Act 1986 Evidence Act 1995 Interpretation Act 1987 Law Enforcement (Powers and Responsibilities) Act 2002