Leonard Arthur RICHARDS v R [2008] NSWDC 321

Leonard Arthur RICHARDS v R [2008] NSWDC 321

The Crown did not prove beyond reasonable doubt that the appellant pushed or resisted the police officer, and there was no evidence of hindering Constable Lucas. It is reasonably possible Ms Davis and Mr Feary gave honest and accurate accounts.

Jurisdiction
Australia
Judgment Date
30 April 2008
Procedural Posture
Criminal Appeal / Appeal From Conviction
Outcome
appeal allowed; convictions quashed
Legal Topics
['conviction Appeal' 'hindering Police Officer' 'assault' 'resist Arrest']
['criminal Law'] ['conviction Appeal' 'hindering Police Officer' 'assault' 'resist Arrest']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal From Conviction

Legal Issues

  1. 1 ['Whether the appellant hindered a police officer in execution of duty' 'Whether the appellant assaulted a police officer' 'Whether the appellant resisted a police officer']

Ratio Decidendi

The Crown did not prove beyond reasonable doubt that the appellant pushed or resisted the police officer, and there was no evidence of hindering Constable Lucas. It is reasonably possible Ms Davis and Mr Feary gave honest and accurate accounts.

Court Disposition

appeal allowed; convictions quashed

Orders

  • ['appeal allowed' 'convictions quashed']