Williams, Robert Lee Anthony v Director of Public Prosecutions (NSW) [2011] NSWSC 1085

Supreme Court New South Wales

Medium Neutral Citation: Williams, Robert Lee Anthony v Director of Public Prosecutions (NSW) [2011] NSWSC 1085 Hearing dates: 5 September 2011 Decision date: 20 September 2011 Before: Harrison AsJ Decision: (1) The order made by his Honour Magistrate Linden on 28 July 2010 at Kyogle Local Court convicting the first plaintiff of the offence of hinder police under s 546C the Crimes Act 1900 is set aside. (2) The order made by his Honour Magistrate Linden on 28 July 2010 at Kyogle Local Court in relation to the second plaintiff is set aside. (3) There is no order as to costs. Catchwords: Appeal - civil - judgment or order; whether Magistrate wrongly found that the elements of the charge of hindering police under s 546C of the Crimes Act had been made out - whether Magistrate should have considered section 99(2) of the Law Enforcement (Powers and Responsibilities) Act 2002 in conjunction with s 99(3) of that Act in the circumstances - held that prima facie case against plaintiffs was not made out because police were not acting in the execution of their duty when conducting an arrest - plaintiff's conviction set aside. Legislation Cited: Crimes Act 1900 Crimes (Appeal and Review) Act 2001 Crimes (Sentencing Procedure) Act 1900 Law Enforcement (Powers and Responsibilities) Act 2002 Cases Cited: Acuthan v Coates (1986) 6 NSWLR 472 Attorney General for the State of New South Wales v Bar-Mordecai [2009] NSWSC 396 Coleman v Power (2004) 220 CLR 1 Donaldson v Broomby (1982) 60 FLR 124; 40 ALR 525; 5 A Crim 160 DPP v Armstrong [2010] NSWSC 885 McLiney v Minister [1911] VLR 347 Texts Cited: Criminal Practice and Procedure NSW Law Enforcement (Powers and Responsibilities) Bill, Hansard, NSW Parliament, 17 September 2002 Category: Principal judgment Parties: Robert Lee Anthony William - First Plaintiff Gloria May Williams - Second Plaintiff Director of Public Prosecutions (NSW) - Defendant Representation: J Manuell SC _ Plaintiffs A Mitchelmore - Defendant Aboriginal Legal Service (NSW/ACT) Ltd Public Prosecutions Office of the DPP File Number(s): 2010/282695 Decision under appeal Date of Decision: 2010-07-28 00:00:00 Before: Linden LCM