JH v R [2019] NSWSC 192

Supreme Court New South Wales

Medium Neutral Citation: JH v R [2019] NSWSC 192 Hearing dates: 27 February 2019 Decision date: 06 March 2019 Jurisdiction: Common Law Before: N Adams J Decision: (1) Appeal allowed.

(2) The finding of guilt on 14 June 2018 for the offence of resist police in execution of their duty contrary to s 546C of the Crimes Act 1900 is set aside.

(3) The order made by the President of the Children's Court pursuant to s 33(1)(b) of the Children (Criminal) Proceedings Act 1987 on 14 June 2018 is vacated. Catchwords: CRIMINAL LAW – appeal against conviction – resist police in execution of their duty – Crimes Act 1900 (NSW), s 546C – appeal to Supreme Court from decision of President of Children's Court – Crimes (Appeal and Review) Act 2001 (NSW), Part 3 – where police approached 16-year-old on Manly Corso suspecting breach of bail conditions – where appellant lit up a cigarette contrary to Council signage – where officer said, "You have committed an offence but if you give me some ID we will leave it at that" – where appellant presented fake ID – where officers arrested appellant and he struggled violently resisting arrest – where arresting officer made no mention of issuing appellant Court Attendance Notice – whether police officer's intention was to charge appellant with smoking offence or to check bail conditions – whether police officers acting in the execution of their duty – Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), s 99(1)(b)(iii) – Robinson v State of New South Wales [2018] NSWCA 231 considered Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW) s 33(1)(b) Children's Court Act 1987 (NSW) ss 6A(2), 22A Children's Court Regulation 2014 (NSW) r 6(1) Crimes Act 1900 (NSW) s 546C Director of Public Prosecutions Act 1986 (NSW) s 9 Crimes (Appeal and Review) Act 2001 (NSW) ss 3, 11, 18, 19(1)(2), 20(1), 52, 53 Local Government Act 1993 (NSW) s 632(1) Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) ss 19, 99(1), 201(1) Bail Act 2013 (NSW) s77(1) Cases Cited: Allesch v Maunz (2000) 203 CLR 172; [2000] HCA 40 AG v Director of Public Prosecutions (NSW) [2015] NSWCA 218 Gionoutsis v Glykis (2006) 65 NSWLR 539; [2006] NSWCCA 137 Charara v R [2006] NSWCCA 244 NSW v Randall [2017] NSWCA 88 Robinson v State of New South Wales [2018] NSWCA 231 Category: Principal judgment Parties: JH (Appellant) Crown (Respondent) Representation: Counsel: Mr S Healy (Appellant) Ms D White (solicitor) (Respondent)