R v Elassaad (No. 1) [2024] NSWDC 181

R v Elassaad (No. 1) [2024] NSWDC 181

The Crown failed to prove beyond reasonable doubt that the injuries received by Constable Donkin and Constable Partridge were deliberately inflicted by the appellant, thus the convictions for assault occasioning actual bodily harm must be set aside. However, the conviction for resisting police in the execution of duty is supported by the evidence and is confirmed.

Jurisdiction
Australia
Judgment Date
13 March 2024
Procedural Posture
Criminal Appeal / Appeal From Local Court Conviction
Outcome
Appeal allowed in part; convictions and sentences for three counts set aside; one conviction and sentence confirmed
Legal Topics
['assault Occasioning Actual Bodily Harm' 'resisting Police' 'evidentiary Proof' 'acoustic Evidence']
['criminal Law'] ['assault Occasioning Actual Bodily Harm' 'resisting Police' 'evidentiary Proof' 'acoustic Evidence']

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 / Appeal From Local Court Conviction

Legal Issues

  1. 1 ['Whether evidence tendered in Local Court proved each assault' 'Whether conviction for resisting police in execution of duty should be upheld']

Ratio Decidendi

The Crown failed to prove beyond reasonable doubt that the injuries received by Constable Donkin and Constable Partridge were deliberately inflicted by the appellant, thus the convictions for assault occasioning actual bodily harm must be set aside. However, the conviction for resisting police in the execution of duty is supported by the evidence and is confirmed.

Court Disposition

Appeal allowed in part; convictions and sentences for three counts set aside; one conviction and sentence confirmed

Orders

  • ['Convictions and sentences for H88163384 sequences 4, 5 and 6 set aside.' 'Conviction and sentence imposed for H88163384 sequence 7 confirmed.']