CORKERY v BLACK [1989] NSWCA 49

CORKERY v BLACK [1989] NSWCA 49

The learned Magistrate was properly satisfied, upon the whole of the evidence, that respondents participated in an unlawful assembly under s545C(3), and there was no fundamental error of law justifying prohibition. The conviction was supported by sufficient evidence of common object and intimidation.

Parties
Appellant: John Richard Corkery; Respondents: Steve Black and others (members of the Builders Labourers Federation)
Jurisdiction
Australia
Judgment Date
02 August 1989
Procedural Posture
Appeal / Judgment
Outcome
appeal upheld
Legal Topics
Unlawful Assembly, Statutory Prohibition, Common Object, Appeal Procedure
Criminal Law Unlawful Assembly Statutory Prohibition Common Object Appeal Procedure

Case Brief

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Parties

John Richard Corkery

Appellant

Steve Black and others (members of the Builders Labourers Federation)

Respondents

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the assembly was 'unlawful' under s545C(3) of the Crimes Act 1900
  2. 2 Whether there was sufficient evidence of a common object to compel by intimidation
  3. 3 Whether failure to properly consider evidence constituted legal error justifying prohibition under s112/s115 of the Justices Act 1902

Ratio Decidendi

The learned Magistrate was properly satisfied, upon the whole of the evidence, that respondents participated in an unlawful assembly under s545C(3), and there was no fundamental error of law justifying prohibition. The conviction was supported by sufficient evidence of common object and intimidation.

Court Disposition

appeal upheld

Orders

  • Set aside the order of Young J.
  • Matters remitted to the learned Magistrate to sentence the respondents.