R v Attalah [2019] NSWDC 381

R v Attalah [2019] NSWDC 381

The appellant was found beyond reasonable doubt to have assaulted Correctional Officer Cotter, who was acting lawfully in the execution of her duty at the relevant time. However, the force used by officers following Martin’s intervention was excessive and not justified; consequently, the appellant's resistance at that point was not to officers acting in the execution of their duty. The conviction for resisting officer was therefore quashed.

Jurisdiction
Australia
Judgment Date
12 April 2019
Procedural Posture
Criminal Appeal / Conviction and Sentence Appeal From Local Court
Outcome
Appeal against conviction for resist officer in execution of duty allowed; conviction quashed. Appeal against conviction for assault law enforcement officer in execution of duty dismissed; conviction and sentence confirmed. Appellant sentenced to 10 months imprisonment with non-parole period of 5 months.
Legal Topics
['assault Law Enforcement Officer in Execution of Duty' 'excessive Use of Force' 'lawful Execution of Duty' 'violent Offences' 'resist Corrective Services Officer in Execution of Duty']
['criminal Law'] ['assault Law Enforcement Officer in Execution of Duty' 'excessive Use of Force' 'lawful Execution of Duty' 'violent Offences' 'resist Corrective Services Officer in Execution of Duty']

Case Brief

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 Appeal / Conviction and Sentence Appeal From Local Court

Legal Issues

  1. 1 ['Whether the appellant assaulted a law enforcement officer in the execution of duty' 'Whether the appellant resisted an officer in execution of duty' 'Whether the force used by officers was excessive and not in execution of duty' 'Whether the conviction for resisting officer should stand where excessive force was used']

Ratio Decidendi

The appellant was found beyond reasonable doubt to have assaulted Correctional Officer Cotter, who was acting lawfully in the execution of her duty at the relevant time. However, the force used by officers following Martin’s intervention was excessive and not justified; consequently, the appellant's resistance at that point was not to officers acting in the execution of their duty. The conviction for resisting officer was therefore quashed.

Court Disposition

Appeal against conviction for resist officer in execution of duty allowed; conviction quashed. Appeal against conviction for assault law enforcement officer in execution of duty dismissed; conviction and sentence confirmed. Appellant sentenced to 10 months imprisonment with non-parole period of 5 months.

Orders

  • ['Appeal against conviction for assault law enforcement officer in execution of duty dismissed.' 'Appeal against conviction for resist officer in execution of duty allowed.' 'Appellant acquitted of offence of resist officer in execution of duty.' 'Sentenced to a term of imprisonment of 10 months commencing 9 July...