Darin Christopher Martin v R [2017] NSWDC 82

Darin Christopher Martin v R [2017] NSWDC 82

The appeal was dismissed because the evidence, particularly the CCTV footage corroborated by Mr Donoghue and Constable Congdon, established beyond reasonable doubt that the appellant, a uniformed police officer, drew a folding knife, advanced towards the seated complainant and pointed the blade towards him for up to 18 seconds while referring to a blood test. That conduct objectively amounted to intimidation and proved at least that the appellant knew it was likely to cause fear in Mr Donoghue. Although the Magistrate erred in treating intention as proved only by a circumstantial case, the elements of the s 13(1) offence were established beyond reasonable doubt and the appellant’s...

Jurisdiction
Australia
Judgment Date
12 April 2017
Procedural Posture
Criminal Conviction Appeal / Appeal by Way of Re Hearing From Local Court Conviction
Outcome
Conviction appeal dismissed
Legal Topics
['intimidation With Intention of Causing Fear of Physical or Mental Harm' 'specific Intent' 'mens Rea' 'conviction Appeal' 'cctv Evidence']
['criminal Law' 'domestic and Personal Violence' 'appellate Procedure'] ['intimidation With Intention of Causing Fear of Physical or Mental Harm' 'specific Intent' 'mens Rea' 'conviction Appeal' 'cctv Evidence']

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Procedural Posture

Criminal Conviction Appeal / Appeal by Way of Re Hearing From Local Court Conviction

Legal Issues

  1. 1 ['Whether the appellant intimidated Mr Donoghue within the meaning of the Crimes (Domestic and Personal Violence) Act 2007.' 'Whether the Crown proved beyond reasonable doubt that the appellant intended to cause Mr Donoghue to fear physical or mental harm, including whether he knew his conduct was likely to cause fear.' 'Whether the Local Court conviction was unsafe or unsatisfactory because the Magistrate treated proof of intention as a circumstantial case.']

Ratio Decidendi

The appeal was dismissed because the evidence, particularly the CCTV footage corroborated by Mr Donoghue and Constable Congdon, established beyond reasonable doubt that the appellant, a uniformed police officer, drew a folding knife, advanced towards the seated complainant and pointed the blade towards him for up to 18 seconds while referring to a blood test. That conduct objectively amounted to intimidation and proved at least that the appellant knew it was likely to cause fear in Mr Donoghue. Although the Magistrate erred in treating intention as proved only by a circumstantial case, the elements of the s 13(1) offence were established beyond reasonable doubt and the appellant’s...

Court Disposition

Conviction appeal dismissed

Orders

  • ['Conviction appeal dismissed']