Appeal of David William Ho [2006] NSWDC 72

Appeal of David William Ho [2006] NSWDC 72

Although the judge was satisfied beyond reasonable doubt that the appellant drove the nominated vehicle near Maclean in a manner that menaced Julian Leonard, the appellant's account that he was seeking to avoid an accident created a reasonable doubt about whether he intended to menace; the conviction therefore had to be quashed.

Jurisdiction
Australia
Judgment Date
29 September 2006
Procedural Posture
Criminal Appeal From Conviction in Local Court / District Court Appeal
Outcome
Appeal upheld; conviction quashed; penalties, fines and court costs quashed.
Legal Topics
['appeal From Conviction' 'drive in Manner That Menaced With Intent to Menace' 'elements of Offence' 'intent to Menace' 'reasonable Doubt']
['criminal Law'] ['appeal From Conviction' 'drive in Manner That Menaced With Intent to Menace' 'elements of Offence' 'intent to Menace' 'reasonable Doubt']

Case Brief

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Procedural Posture

Criminal Appeal From Conviction in Local Court / District Court Appeal

Legal Issues

  1. 1 ['Whether the appellant drove in a manner that menaced Julian Leonard.' 'Whether the appellant drove with the intention of menacing Julian Leonard.' 'Whether the evidence left a reasonable doubt as to intent.']

Ratio Decidendi

Although the judge was satisfied beyond reasonable doubt that the appellant drove the nominated vehicle near Maclean in a manner that menaced Julian Leonard, the appellant's account that he was seeking to avoid an accident created a reasonable doubt about whether he intended to menace; the conviction therefore had to be quashed.

Court Disposition

Appeal upheld; conviction quashed; penalties, fines and court costs quashed.

Orders

  • ['The conviction is quashed.' 'The penalties imposed by the learned magistrate are quashed.' 'The period of disqualification imposed by the learned magistrate is quashed.' 'Court costs imposed by the learned magistrate, if any, are quashed.']