Police v Ruddick [2023] NSWLC 16

Police v Ruddick [2023] NSWLC 16

Police initially attended under their welfare and protective duties after reports of a man acting erratically and possibly attempting self-harm. Once they observed the defendant in a public place holding a screwdriver and carrying multiple knives and dangerous implements, s 23 of the Law Enforcement (Powers and...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
30 October 2023
Procedural Posture
Criminal Prosecution for Custody of Knives in a Public Place Without Reasonable Excuse and Resisting Police in Execution of Duty / Hearing After Not Guilty Plea; Principal Judgment
Outcome
Both offences proven beyond reasonable doubt.
Legal Topics
['custody of Knife in Public Place' 'reasonable Excuse' 'police Welfare Check' 'search and Detention for Dangerous Implements' 'resisting Police in Execution of Duty']
['criminal Law' 'police Powers'] ['custody of Knife in Public Place' 'reasonable Excuse' 'police Welfare Check' 'search and Detention for Dangerous Implements' 'resisting Police in Execution of Duty']

Source-derived case record

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Prosecution for Custody of Knives in a Public Place Without Reasonable Excuse and Resisting Police in Execution of Duty / Hearing After Not Guilty Plea; Principal Judgment

Legal Issues

  1. 1 ['Whether the defendant had custody of knives in a public place without reasonable excuse contrary to s 11C Summary Offences Act 1988 (NSW).' 'Whether police were acting in the execution of their duty when they stopped, searched, detained and arrested the defendant.' "Whether the defendant's conduct involved physical action amounting to resisting police contrary to s 60(1AA) Crimes Act 1900 (NSW)."]

Ratio Decidendi

Police initially attended under their welfare and protective duties after reports of a man acting erratically and possibly attempting self-harm. Once they observed the defendant in a public place holding a screwdriver and carrying multiple knives and dangerous implements, s 23 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) empowered them to stop, search and detain him without needing to arrest him or rely on s 21. The defendant offered no reasonable excuse for custody of the knives. His physical actions in shaking off police, walking away despite force being applied, and requiring restraint by two officers and a member of the public amounted to resisting police while...

Court Disposition

Both offences proven beyond reasonable doubt.

Orders

  • ['The knives and screwdriver are forfeited to the Police.']