Director of Public Prosecutions (NSW) v Best [2016] NSWSC 261

Director of Public Prosecutions (NSW) v Best [2016] NSWSC 261

The offence of intimidating a police officer under s 60(1) of the Crimes Act 1900 (NSW) requires proof that the defendant deliberately engaged in words or conduct intended or designed to intimidate a police officer in the execution of duty and that the conduct in fact had that effect. It is not an element of the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
16 March 2016
Procedural Posture
Appeal From Local Court on a Question of Law Under S 56(1)(c) of the Crimes (appeal and Review) Act 2001 (nsw) / Supreme Court Determination of Appeal Against Dismissal of Charge at Close of Prosecution Case
Outcome
Appeal allowed; Local Court dismissal set aside and proceedings remitted to the Local Court.
Legal Topics
['appeal From Local Court' 'intimidation of Police Officer' 'no Case to Answer' 'crimes Act 1900 (nsw) S 60(1)' 'threat Communicated Through Third Party']
['administrative Law' 'criminal Law' 'statutory Interpretation'] ['appeal From Local Court' 'intimidation of Police Officer' 'no Case to Answer' 'crimes Act 1900 (nsw) S 60(1)' 'threat Communicated Through Third Party']

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Procedural Posture

Appeal From Local Court on a Question of Law Under S 56(1)(c) of the Crimes (appeal and Review) Act 2001 (nsw) / Supreme Court Determination of Appeal Against Dismissal of Charge at Close of Prosecution Case

Legal Issues

  1. 1 ['Whether it is an element of the offence of intimidation of a police officer under s 60(1) of the Crimes Act 1900 (NSW) that the intimidatory act be committed directly against a police officer in the presence of that officer.' 'Whether a threat made to one police officer and conveyed to the allegedly intimidated police officer through that officer can support a charge under s 60(1).' 'Whether the magistrate erred in reading down the word "intimidates" to require direct action by the defendant against a police officer in the officer\'s presence.']

Ratio Decidendi

The offence of intimidating a police officer under s 60(1) of the Crimes Act 1900 (NSW) requires proof that the defendant deliberately engaged in words or conduct intended or designed to intimidate a police officer in the execution of duty and that the conduct in fact had that effect. It is not an element of the offence that the conduct be carried out in the officer's presence or communicated directly without an intermediary. The magistrate erred in law by treating direct action in the presence of the officer as essential and dismissing the charge on that basis.

Court Disposition

Appeal allowed; Local Court dismissal set aside and proceedings remitted to the Local Court.

Orders

  • ['The order made in the Local Court at Blacktown on 26 June 2015 dismissing proceedings against the defendant for the offence of intimidate police officer in execution of duty be set aside.' 'The proceedings be remitted to the Local Court to be dealt with according to law.']