Sharrock v R [2019] NSWDC 850

Sharrock v R [2019] NSWDC 850

Given the evidence of accepted police practice, training, and absence of any express or implied prohibition on accessing the COPS system to prepare a witness statement, together with an oral request to provide a statement about the incident, it could not be established beyond reasonable doubt that the appellant's...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
20 December 2019
Procedural Posture
Criminal Appeal / Appeal From Conviction in Local Court to District Court
Outcome
Appeal allowed; appellant found not guilty; charge dismissed.
Legal Topics
['unauthorised Access to Restricted Data' 'access to Police Computer Systems' 'crimes Act 1900 S 308 H' 'authority to Access Information as a Police Officer']
['criminal Law'] ['unauthorised Access to Restricted Data' 'access to Police Computer Systems' 'crimes Act 1900 S 308 H' 'authority to Access Information as a Police Officer']

Source-derived case record

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Procedural Posture

Criminal Appeal / Appeal From Conviction in Local Court to District Court

Legal Issues

  1. 1 ["Whether the appellant's access to the COPS system was unauthorised under s 308H(1) Crimes Act 1900" 'Whether the appellant knew the access was unauthorised']

Ratio Decidendi

Given the evidence of accepted police practice, training, and absence of any express or implied prohibition on accessing the COPS system to prepare a witness statement, together with an oral request to provide a statement about the incident, it could not be established beyond reasonable doubt that the appellant's access was unauthorised or that he knew such access was unauthorised at the time.

Court Disposition

Appeal allowed; appellant found not guilty; charge dismissed.

Orders

  • ['Appeal allowed.' 'Appellant found not guilty.' 'Charge dismissed.']