Director of Public Prosecutions (NSW) v Best [2016] NSWSC 261

Supreme Court New South Wales

Medium Neutral Citation: Director of Public Prosecutions (NSW) v Best [2016] NSWSC 261 Hearing dates: 7 March 2016 Decision date: 16 March 2016 Before: R A Hulme J Decision: 1. The order made in the Local Court at Blacktown on 26 June 2015 dismissing proceedings against the defendant for the offence of intimidate police officer in execution of duty be set aside. 2. The proceedings be remitted to the Local Court to be dealt with according to law. Catchwords: ADMINISTRATIVE LAW – appeal from Local Court – magistrate dismissed charge of intimidate police – s 60 Crimes Act 1900 – whether threat made to police officer communicated through third party intermediary can support the charge – binding authority gives "intimidates" ordinary English meaning – erroneous process of statutory interpretation undertaken – no requirement for intimidatory conduct to be in the presence of the police officer – magistrate's decision set aside and matter remitted to Local Court Legislation Cited: Crimes Act 1900 (NSW) s 60(1) Crimes (Appeal and Review) Act 2001 (NSW) ss 56(1)(c), 59 Crimes Amendment (Assault of Police Officers) Act 1997 (NSW) Criminal Justice and Police Act 2001 (UK) s 39 Criminal Justice and Public Order Act 1994 (UK) s 51 Interpretation Act 1987 (NSW) ss 33, 34 Cases Cited: Director of Public Prosecutions v Priestley [2013] NSWSC 407 Federal Commissioner of Taxation v Consolidated Media Holdings Ltd [2012] HCA 55; 250 CLR 503 Meller v Low [2000] NSWSC 75; 48 NSWLR 517 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; 194 CLR 355 R v Manton [2002] NSWCCA 316; 132 A Crim R 249 R v Mathews [1992] QCA 462; [1993] 2 Qd R 316; 64 A Crim R 305 Thiess v Collector of Customs [2014] HCA 12; 250 CLR 664 Vella v Director of Public Prosecutions [2005] NSWSC 897; 156 A Crim R 113 Von Stalheim v Lusted [2014] TASSC 9 Category: Principal judgment Parties: Director of Public Prosecutions (NSW) (Plaintiff) Robert Thomas Best (Defendant) Representation: Counsel: Mr J Pickering SC (Plaintiff) Ms C Loukas SC (Defendant)