Meller v Low [2000] NSWSC 75

Meller v Low [2000] NSWSC 75

On the proper interpretation of s 60(1) Crimes Act 1900 (NSW), the offence of intimidating a police officer requires proof that the police officer was actually put in fear, apprehension or deterred in fact, and this was not established in the present case.

Jurisdiction
Australia
Judgment Date
23 February 2000
Procedural Posture
Application to Quash Convictions / Appeal From Magistrate's Decision / Judgment After Hearing
Outcome
Orders deferred
Legal Topics
['elements of Offence Under S 60(1) Crimes Act 1900' 'intimidation of Police Officers' 'standard of Proof' 'statutory Construction']
['criminal Law' 'statutory Interpretation'] ['elements of Offence Under S 60(1) Crimes Act 1900' 'intimidation of Police Officers' 'standard of Proof' 'statutory Construction']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application to Quash Convictions / Appeal From Magistrate's Decision / Judgment After Hearing

Legal Issues

  1. 1 ['Whether proof of actual intimidation is required for offence under s 60(1) Crimes Act 1900' 'Whether the prosecution must prove a police officer was in fact intimidated']

Ratio Decidendi

On the proper interpretation of s 60(1) Crimes Act 1900 (NSW), the offence of intimidating a police officer requires proof that the police officer was actually put in fear, apprehension or deterred in fact, and this was not established in the present case.

Court Disposition

Orders deferred

Orders

  • []