R v Joshua Goddard [2013] NSWDC 204

District Court New South Wales

Medium Neutral Citation: R v Joshua Goddard [2013] NSWDC 204 Hearing dates: 10 October 2013 Decision date: 18 October 2013 Before: Mahony SC DCJ Decision: Appeal upheld; for orders see [41] Catchwords: S 60(1) Crimes Act; "intimidates police officer" Legislation Cited: Crimes Act 1900 Cases Cited: Charara v R [2006] NSW CCA 244 R v Manton (2002) 132 AcrimR 249; (2002) NSWCCA 316 Linley v Rutter [1981] QB128 Woodley v Boyd [2001] NSWCA 35 State of New South Wales v Nominal Defendant [2009] NSWCA 225 Meller v Low (2000) 48 NSWLR 517 Vella v Director of Public Prosecutions (2005) NSWSC 97 R v Manton [2002] NSWCCA 316 Category: Principal judgment Parties: Joshua Goddard - Appellant Director of Public Prosecution - Respondent Representation: Ms J Sanders - Appellant Mr A Kiru - Crown File Number(s): 12/287685 Publication restriction: Nil

Judgment

Introduction 1The charge the subject to this appeal is as follows: "Intimidate Police Officer in execution of duty without causing actual bodily harm. Between 12.05am and 12.10am on 16 September 2012 at Gymea, did attempt to intimidate a police officer while the said Leading Senior Constable Inglis was executing his duty."

Crimes Act 1900 S 60 (1) "(1) A person who assaults, throws a missile at, stalks, harasses or intimidates a police officer while in the execution of the officer's duty, although no actual bodily harm is occasioned to the officer, is liable to imprisonment for 5 years". 2The penalty imposed by the learned Magistrate in respect of the offence was six months imprisonment which was backdated and had been already served.