R v Barling, Daniel; R v Lim, Chin; R v Edmondson, Scott; R v Ralph, Damian [2014] NSWLC 24

R v Barling, Daniel; R v Lim, Chin; R v Edmondson, Scott; R v Ralph, Damian [2014] NSWLC 24

Mr Ralph was found guilty of common assault where use of OC spray at close range while Mr Curti was handcuffed was neither consistent with police training nor objectively reasonably necessary, even as perceived by Mr Ralph in the circumstances. For Mr Barling, Mr Lim and Mr Edmondson, the prosecution did not establish beyond reasonable doubt that their use of force was not reasonably necessary in the circumstances as they perceived them, or that they possessed the requisite knowledge that Mr Curti was effectively handcuffed when force was applied. Thus, each was found not guilty.

Parties
Prosecution: Crown; Defendant: Daniel Barling; Defendant: Chin Aun Lim; Defendant: Scott James Edmondson; Defendant: Damian Ralph
Jurisdiction
Australia
Judgment Date
16 December 2014
Procedural Posture
Criminal / Judgment After Hearing
Outcome
Mr Barling: not guilty; Mr Lim: not guilty; Mr Edmondson: not guilty; Mr Ralph: guilty of common assault.
Legal Topics
Assault Occasioning Actual Bodily Harm, Common Assault, Reasonable Force by Police, Use of Tasers, Use of Capsicum Spray, Good Character
Criminal Law Assault Occasioning Actual Bodily Harm Common Assault Reasonable Force by Police Use of Tasers Use of Capsicum Spray Good Character

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 4 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Crown

Prosecution

Daniel Barling

Defendant

Chin Aun Lim

Defendant

Scott James Edmondson

Defendant

Damian Ralph

Defendant

Procedural Posture

Criminal / Judgment After Hearing

Legal Issues

  1. 1 Whether police used more force than was reasonably necessary in arresting Mr Curti
  2. 2 Whether the use of Tasers and OC spray by the accused police officers amounted to unlawful assaults
  3. 3 Whether the accused officers knew Mr Curti was handcuffed when force was applied

Ratio Decidendi

Mr Ralph was found guilty of common assault where use of OC spray at close range while Mr Curti was handcuffed was neither consistent with police training nor objectively reasonably necessary, even as perceived by Mr Ralph in the circumstances. For Mr Barling, Mr Lim and Mr Edmondson, the prosecution did not establish beyond reasonable doubt that their use of force was not reasonably necessary in the circumstances as they perceived them, or that they possessed the requisite knowledge that Mr Curti was effectively handcuffed when force was applied. Thus, each was found not guilty.

Court Disposition

Mr Barling: not guilty; Mr Lim: not guilty; Mr Edmondson: not guilty; Mr Ralph: guilty of common assault.

Orders

  • Mr Barling is acquitted of all charges.
  • Mr Lim is acquitted of all charges.