R v KING, Alex [2017] NSWDC 374

District Court New South Wales

Medium Neutral Citation: R v KING, Alex [2017] NSWDC 374 Hearing dates: 31 August 2017 Date of orders: 11 September 2017 Decision date: 11 September 2017 Jurisdiction: Criminal Before: Judge S Norrish QC Decision: Appeal dismissed. For orders see [161] Catchwords: CRIMINAL – Appeal – assault occasioning actual bodily harm of a police officer in execution of their duty – assaulting a police officer or constable in the execution of his or her duty – 18 year old aboriginal male – diagnosed mental health conditions – intoxicated at the time of arrest – in a public place –had asked police for a lift to residential premises where it was known he had an AVO against him – offender taken to police station instead – wrongful arrest, improper use of police force and that he acted in self-defence. Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Evidence Act 1995 (NSW) Intoxicated Persons Act 1979 Law Enforcement (Powers and Responsibilities) Act 2002 Summary Offences Act 1988 Cases Cited: Alla v Gleeson NSWSC October 1985 R v Kaye (1993) 118 ALR 596 Category: Principal judgment Parties: Regina (Crown) Alex King (Offender) Representation: Counsel: Ms. Turner (DPP Solicitor) Mr. Saunders (ALS Solicitor) File Number(s): 2016/00128493 Publication restriction: Nil