R v KING, Alex [2017] NSWDC 374

R v KING, Alex [2017] NSWDC 374

There was no illegality or impropriety in the appellant's detention; police acted lawfully under s 206(1)(b) of LEPRA; police were acting in execution of their duty; force used was not excessive; prosecution negatived self-defence beyond reasonable doubt; appeal dismissed.

Jurisdiction
Australia
Judgment Date
11 September 2017
Procedural Posture
Criminal Appeal / Appeal From Findings of Guilt in the Broken Hill Local Court
Outcome
Appeal dismissed
Legal Topics
['assault Occasioning Actual Bodily Harm' 'assaulting Police Officer' 'execution of Police Duty' 'intoxicated Persons' 'evidence Admissibility' 'self Defence']
['criminal Law'] ['assault Occasioning Actual Bodily Harm' 'assaulting Police Officer' 'execution of Police Duty' 'intoxicated Persons' 'evidence Admissibility' 'self Defence']

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Procedural Posture

Criminal Appeal / Appeal From Findings of Guilt in the Broken Hill Local Court

Legal Issues

  1. 1 ["Whether the appellant's detention was lawful under s 206 of LEPRA" 'Whether the evidence of the offences should be excluded under s 138 of the Evidence Act 1995 due to alleged police impropriety or illegality' 'Whether police were acting in execution of their duty at the time of the assaults' 'Whether the prosecution negatived self-defence']

Ratio Decidendi

There was no illegality or impropriety in the appellant's detention; police acted lawfully under s 206(1)(b) of LEPRA; police were acting in execution of their duty; force used was not excessive; prosecution negatived self-defence beyond reasonable doubt; appeal dismissed.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed; orders of the Local Court confirmed.']