Hitchcock v R [2020] NSWDC 4

District Court New South Wales

Medium Neutral Citation: Hitchcock v R [2020] NSWDC 4 Hearing dates: 29-31 May 2019, 1 June 2019 Date of orders: 04 February 2020 Decision date: 04 February 2020 Jurisdiction: Criminal Before: Neilson DCJ Decision: I set aside the convictions recorded and sentences passed by Atkinson LCM sitting in the Downing Centre Local Court on 11 July 2018 Catchwords: CRIME. APPEAL FROM LOCAL COURT.

Magistrate failed to deal with submissions as to whether an alleged assault on JH was intentional, reckless or accidental. Court not satisfied beyond reasonable doubt that prosecution established either intention or recklessness. Conviction set aside. Two charges contained as an essential element that police were in the execution of their duty at the time of the offences alleged. Review of conflicting evidence. This element not established to requisite degree. Conviction set aside. Legislation Cited: Australian Federal Police Act 1979 Crimes Act 1900 Law Enforcement (Powers and Responsibilities) Act 2002 Mental Health (Forensics Provisions) Act 1990 Cases Cited: Adams v Kennedy (2000) 49 NSWLR 78 Charara v R [2006] NSWCCA 244 Christie v Leachinsky [1947] AC 573 New South Wales v Riley (2003) 57 NSWLR 496 R v Dungay [2001] NSWCCA 443 R v K (1993) 118 ALR 596 Thompson v Vincent [2005] NSWCA 219 Category: Principal judgment Parties: Shari-Lea Hitchcock – Appellant