R v Nith Chav [2016] NSWDC 50

R v Nith Chav [2016] NSWDC 50

The court accepted the police evidence and rejected the accused's account as unreliable. The accused was aware of the police presence and commands, attempted to conceal stolen money, rapidly reversed the vehicle, failed to respond to police commands, and resisted arrest. Although the court was not satisfied that he deliberately reversed towards Constable Gorgees, it was satisfied beyond reasonable doubt that he reversed the car with the intention of preventing his lawful apprehension, thereby using the vehicle as an offensive instrument for the purposes of s 33B(1)(a) of the Crimes Act 1900.

Jurisdiction
Australia
Judgment Date
13 April 2016
Procedural Posture
Criminal / Judge Alone Trial; Verdict
Outcome
Verdict of Guilty; accused convicted of the offence charged.
Legal Topics
['use of Offensive Instrument With Intent to Prevent Lawful Apprehension' 'judge Alone Trial' 'proof Beyond Reasonable Doubt' 'intention Inferred From Conduct' 'motor Vehicle as Offensive Instrument']
['criminal Law' 'criminal Procedure' 'evidence'] ['use of Offensive Instrument With Intent to Prevent Lawful Apprehension' 'judge Alone Trial' 'proof Beyond Reasonable Doubt' 'intention Inferred From Conduct' 'motor Vehicle as Offensive Instrument']

Case Brief

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Procedural Posture

Criminal / Judge Alone Trial; Verdict

Legal Issues

  1. 1 ['Whether the accused used a motor vehicle as an offensive instrument.' 'Whether the accused did so with the intention of preventing the lawful apprehension of himself.' 'Whether the Crown proved the elements of the offence beyond reasonable doubt.']

Ratio Decidendi

The court accepted the police evidence and rejected the accused's account as unreliable. The accused was aware of the police presence and commands, attempted to conceal stolen money, rapidly reversed the vehicle, failed to respond to police commands, and resisted arrest. Although the court was not satisfied that he deliberately reversed towards Constable Gorgees, it was satisfied beyond reasonable doubt that he reversed the car with the intention of preventing his lawful apprehension, thereby using the vehicle as an offensive instrument for the purposes of s 33B(1)(a) of the Crimes Act 1900.

Court Disposition

Verdict of Guilty; accused convicted of the offence charged.

Orders

  • ['The accused is found guilty of the offence that he did on 19 November 2013 at Liverpool, in the State of New South Wales, use an offensive instrument, namely, a motor vehicle with NSW registration BB5-8GB, with intent to prevent the lawful apprehension of himself.' 'You are convicted of the offence as charged.']