Champion v R [2020] NSWDC 929
The appellant intentionally or recklessly made shoulder contact with the complainant without consent and without lawful excuse. The complainant was not threatening the appellant, and any alleged obstruction of the footpath did not justify the appellant committing an assault. The four elements of common assault were established, so the conviction appeal failed.
- Jurisdiction
- Australia
- Judgment Date
- 22 September 2020
- Procedural Posture
- Criminal Conviction Appeal / Appeal Against Conviction Recorded in the Downing Centre Local Court
- Outcome
- The appeal is dismissed.
- Legal Topics
- ['common Assault' 'battery' 'self Defence' 'lawful Excuse' 'conviction Appeal']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Conviction Appeal / Appeal Against Conviction Recorded in the Downing Centre Local Court
Legal Issues
- 1 ['Whether the four elements of common assault were proved beyond reasonable doubt.' 'Whether the appellant had a lawful excuse for shouldering or pushing the complainant because the complainant was allegedly obstructing the footpath.' 'Whether self-defence was available where the complainant was standing on the footpath and offered no threat to the appellant.']
Ratio Decidendi
The appellant intentionally or recklessly made shoulder contact with the complainant without consent and without lawful excuse. The complainant was not threatening the appellant, and any alleged obstruction of the footpath did not justify the appellant committing an assault. The four elements of common assault were established, so the conviction appeal failed.
Court Disposition
The appeal is dismissed.
Orders
- ['The appeal is dismissed.']
Full Case Text
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