Sarri v Gresham [1999] FCA 175

Sarri v Gresham [1999] FCA 175

On the evidence before the magistrate, no punch or action by Mr Angelos could be construed as justifying the assault. Therefore, there was no foundation for a defence of self-defence or under s88 of the Liquor Act. No error has been demonstrated in the findings.

Parties
Appellant: Andrew Nicholas Sarri; Respondent: Robert John Gresham
Jurisdiction
Australia
Judgment Date
24 February 1999
Procedural Posture
Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Appeal Against Assault Finding, Self Defence, Liquor Act S88
Criminal Law Appeal Against Assault Finding Self Defence Liquor Act S88

Case Brief

Summary, issues, holding and outcome

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Parties

Andrew Nicholas Sarri

Appellant

Robert John Gresham

Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether there was error in the finding of assault against the appellant.
  2. 2 Whether self-defence or s88 of the Liquor Act applied as a defence.

Ratio Decidendi

On the evidence before the magistrate, no punch or action by Mr Angelos could be construed as justifying the assault. Therefore, there was no foundation for a defence of self-defence or under s88 of the Liquor Act. No error has been demonstrated in the findings.

Court Disposition

appeal dismissed

Orders

  • The appeal be dismissed.