William Norman George v R [2016] NSWDC 59

District Court New South Wales

Medium Neutral Citation: William Norman George v R [2016] NSWDC 59 Hearing dates: 20 April 2016 Decision date: 29 April 2016 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Appeal dismissed Catchwords: All grounds appeal; police powers of arrest. Legislation Cited: Crimes Act 1900 Crimes (Appeal and Review) Act 2001 Crimes (Sentencing Procedure) Act 1999 Law Enforcement (Powers and Responsibilities) Act AustLII Summary Offences Act 1988 Cases Cited: AG v Director of Public Prosecutions [2015] NSWCA 218 Charara v R [2006] NSWCCA 244 Dearing v Passi, Supreme Court of New South Wales, unreported, 4 November 1994 Director of Public Prosecutions v Horwood (2009) 78 NSWLR 32 Fitzgerald v Montoya (1989) 16 NSWLR 16 Johnstone v New South Wales [2010] NSWCA 70 Zaburoni v R [2016] HCA 12 Category: Principal judgment Parties: William Norman George (Appellant) Director of Public Prosecutions (Crown) Representation: Counsel: A McMahon (Appellant) A Lynch (Crown)

Solicitors: File Number(s): 15/93849 Publication restriction: Nil

Judgment on ALL GROUNDS APPEAL 1. The appellant appeals his conviction and the severity of sentence imposed on 27 November 2015, at the Wagga Wagga Local Court, on the following two offences: 1. Sequence 1 – Obstruct vehicle in a public place pursuant to s 6 of the Summary Offences Act 1988. 2. Sequence 2 – Resist an officer while in the execution of his duty pursuant to s 58 of the Crimes Act 1900. 1. The appellant was convicted of both offences. In respect of sequence 1, the charge was dismissed pursuant to s 10A of the Crimes (Sentencing Procedure) Act 1999 ("the Act"). In respect of sequence 2, he was fined the sum of $1,000.00 and sentenced to be on a bond to be of good behaviour for a term of 12 months pursuant to s 9 of the Act. 2. The matter proceeded by way of a rehearing, based on the transcript of evidence before the Local Court – see Charara v R [2006] NSWCCA 244 per Mason P at [18]. I am conscious of the natural limitations that exist where a review is undertaken on the record, and the advantages held by the learned Magistrate in the evaluation of each witness' evidence – see also AG v Director of Public Prosecutions [2015] NSWCA 218. 3. I have read all of the evidence and the learned Magistrate's reasons delivered on 27 November 2015.