R v William John Bennett [2015] NSWDC 1

District Court New South Wales

Medium Neutral Citation: R v William John Bennett [2015] NSWDC 1 Hearing dates: 22 January 2015 Decision date: 06 February 2015 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Appeal upheld. For Orders see [41] Catchwords: Unlawful arrest. Assault police in execution of duty. Improperly obtained evidence Legislation Cited: Bail Act 1978 Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Evidence Act 2005 Cases Cited: Charara v R [2006] NSWCCA 244 Coleman v Power (2004) 220 CLR 1 DPP v AM [2006] NSWSC 348 DPP v Araura [2012] NSWSC 1120 DPP v Carr (2002) 127 A Crim R 151 DPP v Gribble [2004] NSWSC 926 DPP v Mathews-Hunt [2014] NSWSC 843 DPP v Puskar (1992) 10 PettySR 4521 Michaels v R (1995) 184 CLR 117 NSW v Riley [2003] NSWCA 208 R v Donohue (1988) 34 A Crim R 397 Category: Principal judgment Parties: William John Bennett (Appellant) Director of Public Prosecutions (Respondent) Representation: Solicitors: J Anderson (Crown) E Elliott (Appellant) File Number(s): 14/63946

Judgment

Introduction 1. The charges subject to this All Grounds Appeal are as follows: (1) Assault officer in execution of duty pursuant to s 58 of the Crimes Act 1900. (2) Fail to appear pursuant to s 51(1) of the Bail Act 1978. 1. The maximum penalty in respect of the Local Court's jurisdiction in respect of each matter was a term of imprisonment of 2 years and/or a fine.