Director of Public Prosecutions (NSW) v Araura [2012] NSWSC 1120

Supreme Court New South Wales

Medium Neutral Citation: Director of Public Prosecutions (NSW) v Araura [2012] NSWSC 1120 Hearing dates: 28 August 2012 Decision date: 21 September 2012 Jurisdiction: Common Law Before: Davies J Decision: (1) Appeal allowed. (2) Set aside the order of the Local Court (Tsavdaridis M) of 10 October 2011 dismissing the charges against the Defendant. (3) Remit the charges against the Defendant to the Local Court to be determined in accordance with law. (4) The Defendant is to pay the Plaintiff's costs of this appeal. (5) The Defendant is to have a certificate under the Suitors' Fund if otherwise so entitled. Catchwords: APPEAL - from Local Court - offence of assaulting officer in the execution of duty - meaning of "execution of duty" - protection of person from self-injury - reasonableness of police actions Legislation Cited: Australian Federal Police Force Act 1979 (Cth) Crimes Act 1900 Crimes (Appeal and Review) Act 2001 Police Act 1990 Cases Cited: DPP v Gribble [2004] NSWSC 926 Innes v Weate [1984] TasR 14 R v K (1993) 118 ALR 596 Wyong Shire Council v Short (1980) 146 CLR 40 Category: Principal judgment Parties: Director of Public Prosecutions (NSW) (Plaintiff) Zenia Araura (Defendant) Representation: Counsel: R Herps (Plaintiff) A Williams (Defendant) Solicitors: Solicitor for Public Prosecutions (Plaintiff) B Hall, Solicitor File Number(s): 2012/55975 Decision under appeal Date of Decision: 2011-10-10 00:00:00 Before: Magistrate Tsavdaridis File Number(s): 2012/55975