Beau Osborne v R [2015] NSWDC 288

Beau Osborne v R [2015] NSWDC 288

The evidence of Greg and Lynette Lewis, corroborated by other witnesses, proved the common assault on Ashley Becker and the appellant's contrary account was implausible. Because the appellant created the situation by assaulting Ms Becker, Stephen Lamb, Mark Lamb and Greg Lewis were entitled to enter the property to apprehend him or stop the criminal behaviour. The appellant, as original aggressor, could not reasonably have believed that discharging a spear gun or biting Stephen Lamb was necessary in self-defence, and those acts were not reasonable responses to the danger as perceived. The Crown proved all three offences beyond reasonable doubt and negatived self-defence.

Jurisdiction
Australia
Judgment Date
27 November 2015
Procedural Posture
Criminal Conviction Appeal / Appeal From Local Court Conviction, Heard by Way of Rehearing on Transcript
Outcome
Appeal dismissed.
Legal Topics
['conviction Appeal' 'common Assault' 'domestic Violence Related Assault' 'assault Occasioning Actual Bodily Harm' 'self Defence']
['criminal Law'] ['conviction Appeal' 'common Assault' 'domestic Violence Related Assault' 'assault Occasioning Actual Bodily Harm' 'self Defence']

Case Brief

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Procedural Posture

Criminal Conviction Appeal / Appeal From Local Court Conviction, Heard by Way of Rehearing on Transcript

Legal Issues

  1. 1 ['Whether the appellant committed common assault against Ashley Becker.' 'Whether the appellant committed two offences of assault occasioning actual bodily harm against Stephen Lamb by use of a spear gun and by biting his forearm.' 'Whether the Crown negatived self-defence beyond reasonable doubt in relation to the assault occasioning actual bodily harm charges.']

Ratio Decidendi

The evidence of Greg and Lynette Lewis, corroborated by other witnesses, proved the common assault on Ashley Becker and the appellant's contrary account was implausible. Because the appellant created the situation by assaulting Ms Becker, Stephen Lamb, Mark Lamb and Greg Lewis were entitled to enter the property to apprehend him or stop the criminal behaviour. The appellant, as original aggressor, could not reasonably have believed that discharging a spear gun or biting Stephen Lamb was necessary in self-defence, and those acts were not reasonable responses to the danger as perceived. The Crown proved all three offences beyond reasonable doubt and negatived self-defence.

Court Disposition

Appeal dismissed.

Orders

  • ['The Appeal is dismissed.' "The learned Magistrate's order convicting the appellant is confirmed."]