Fuller v R [2016] NSWDC 31

Fuller v R [2016] NSWDC 31

The appellant's conduct in the Council chamber and committee room was objectively offensive and intimidating beyond reasonable doubt, meeting statutory definitions of both offences, and no error by the Magistrate was identified to justify overturning the convictions.

Source-derived case information.

Parties
Appellant: John Fuller; Respondent: Director of Public Prosecutions
Jurisdiction
Australia
Judgment Date
18 March 2016
Procedural Posture
Criminal Appeal / Appeal From Findings of Guilt and Severity Appeal
Outcome
Appeal dismissed. Convictions confirmed. Fine varied from $600 to $50 on the severity appeal. s 9 bond confirmed.
Legal Topics
Offensive Conduct, Intimidation, Inclosed Lands, Appeal, Reasonable Doubt
Criminal Law Offensive Conduct Intimidation Inclosed Lands Appeal Reasonable Doubt

Source-derived case record

Summary, issues, holding and outcome

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Parties

John Fuller

Appellant

Director of Public Prosecutions

Respondent

Procedural Posture

Criminal Appeal / Appeal From Findings of Guilt and Severity Appeal

Legal Issues

  1. 1 Whether the appellant's conduct constituted 'offensive conduct' within inclosed lands pursuant to s 4A Inclosed Lands Protection Act 1901
  2. 2 Whether the appellant intimidated the Mayor with intent to cause fear of physical or mental harm contrary to s 13 Crimes (Domestic and Personal Violence) Act 2007
  3. 3 Whether the findings of guilt should be overturned on appeal

Ratio Decidendi

The appellant's conduct in the Council chamber and committee room was objectively offensive and intimidating beyond reasonable doubt, meeting statutory definitions of both offences, and no error by the Magistrate was identified to justify overturning the convictions.

Court Disposition

Appeal dismissed. Convictions confirmed. Fine varied from $600 to $50 on the severity appeal. s 9 bond confirmed.

Orders

  • Appeals against findings of guilt dismissed.
  • Conviction confirmed.