R v Thaidy (1) [2014] NSWDC 193

R v Thaidy (1) [2014] NSWDC 193

The accused admitted driving the Commodore from the scene to get away and prevent his lawful apprehension, and the court found he was in company. The court accepted beyond reasonable doubt that Sergeant Lewis was in the back seat from virtually the moment the car drove off, that the swerving was not caused by Sergeant Lewis, and that the accused deliberately swerved violently while driving at high speed. The only explanation for that conduct was the presence of Sergeant Lewis in the car, and the accused intended to injure or at least frighten him so that he would let go. The vehicle was therefore used for the purposes of attack and was an offensive weapon, making the accused guilty on...

Jurisdiction
Australia
Judgment Date
24 June 2014
Procedural Posture
Criminal Law Judge Alone Trial / Verdict on Count 1 of Indictment
Outcome
Accused found guilty on count 1 of the indictment.
Legal Topics
['use Motor Vehicle as an Offensive Weapon' 'intent to Prevent Lawful Apprehension' 'judge Alone Trial' 'burden of Proof' 'assessment of Witness Evidence']
['criminal Law' 'evidence'] ['use Motor Vehicle as an Offensive Weapon' 'intent to Prevent Lawful Apprehension' 'judge Alone Trial' 'burden of Proof' 'assessment of Witness Evidence']

Case Brief

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Procedural Posture

Criminal Law Judge Alone Trial / Verdict on Count 1 of Indictment

Legal Issues

  1. 1 ['Whether the Crown proved beyond a reasonable doubt that the accused used the Holden Commodore motor vehicle as an offensive weapon.' 'Whether the accused deliberately swerved the vehicle from side to side to attack or frighten Sergeant Lewis so that he would release his grip on the accused.' 'Whether actions of Sergeant Lewis, rather than the accused, caused the vehicle to swerve.' 'Whether the car could be characterised as an offensive weapon where the police officer was inside the car.']

Ratio Decidendi

The accused admitted driving the Commodore from the scene to get away and prevent his lawful apprehension, and the court found he was in company. The court accepted beyond reasonable doubt that Sergeant Lewis was in the back seat from virtually the moment the car drove off, that the swerving was not caused by Sergeant Lewis, and that the accused deliberately swerved violently while driving at high speed. The only explanation for that conduct was the presence of Sergeant Lewis in the car, and the accused intended to injure or at least frighten him so that he would let go. The vehicle was therefore used for the purposes of attack and was an offensive weapon, making the accused guilty on...

Court Disposition

Accused found guilty on count 1 of the indictment.

Orders

  • ['Find the accused guilty on count one on the indictment.']