Police v Shiu SINGH [2011] NSWLC 23

Local Court New South Wales

Medium Neutral Citation: Police v Shiu SINGH [2011] NSWLC 23 Hearing dates: 26/5/11, 16-17/6/11 Decision date: 12 August 2011 Jurisdiction: Criminal Before: Magistrate Lerve Decision: I enter a verdict and judgment of acquittal and the accused is discharged Catchwords: CRIMINAL LAW - public mischief - circumstantial case - lack of motive - claims of injury - court unable to use own experience of force required to produce injury Legislation Cited: Crimes Act 1900, s 547B Cases Cited: Dasreef Pty Ltd v Hawchar [2011] HCA 21 Chand v R [2011] NSWCCA 53 Category: Principal judgment Parties: Police Shiu SINGH (the accused) Representation: Mr A Blackman for the accused Sgt V Short, police prosecutor File Number(s): 2010/00407124

JUDGMENT

Reasons for Decision

The charge 1The remaining charge for consideration (another charge was withdrawn on 16 June 2011) is commonly known as "Public Mischief" and the Court Attendance Notice pleads that: (The accused) on 8 June 2010 at Albury in the State of New South Wales did by means of false statement and conversation knowingly make to a member of the Police Force, a false representation that an event has occurred, that is to say, that the accused, Shiu Singh allege(d) he had been a victim of a robbery between 9.30am and 10.00am on Tuesday 8 June 2010 in Dean Street Albury, which said event as was so represented in such conversation and statement called for an investigation by a member of the Police Force" contrary to section 547B(1) of the Crimes Act, 1900.

The allegation 2Briefly, the allegation before the Court is that the accused reported that he had been robbed in the vicinity of the ANZ Bank in Dean Street, Albury. The prosecution maintain that there was no robbery, and that the report of the robbery was a false report thus leading to the charge before the Court. I will deal with a number of legal directions before going to the facts of the case.