Barber v DPP [2021] NSWDC 7

Barber v DPP [2021] NSWDC 7

The elements of common assault were proved beyond reasonable doubt, particularly given the appellant's evidence that he grabbed the complainant and the Magistrate's demeanour-based acceptance of the complainant's account. Although there was a reasonable possibility that the appellant perceived a risk of further attack, his response was not objectively reasonable because there was no immediate threat to his person or property, he could have left the room with his laptop, and the accepted conduct of grabbing the complainant, bringing her to the ground and choking her for 5 seconds was disproportionate. The Crown negatived self-defence.

Jurisdiction
Australia
Judgment Date
03 February 2021
Procedural Posture
Criminal Conviction Appeal / Appeal by Rehearing From Local Court Conviction for Common Assault
Outcome
Appeal dismissed; conviction confirmed.
Legal Topics
['common Assault' 'domestic Violence Offence' 'conviction Appeal' 'self Defence' 'credibility Findings' 'reasonable Response']
['criminal Law'] ['common Assault' 'domestic Violence Offence' 'conviction Appeal' 'self Defence' 'credibility Findings' 'reasonable Response']

Case Brief

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Procedural Posture

Criminal Conviction Appeal / Appeal by Rehearing From Local Court Conviction for Common Assault

Legal Issues

  1. 1 ["Whether inconsistencies in the complainant's evidence meant the elements of common assault were not proved beyond reasonable doubt." 'Whether the appellant acted in self-defence under s 418 of the Crimes Act 1900 (NSW).' "Whether the appellant's conduct in grabbing the complainant, bringing her to the ground and choking her was a reasonable response to the circumstances as he perceived them."]

Ratio Decidendi

The elements of common assault were proved beyond reasonable doubt, particularly given the appellant's evidence that he grabbed the complainant and the Magistrate's demeanour-based acceptance of the complainant's account. Although there was a reasonable possibility that the appellant perceived a risk of further attack, his response was not objectively reasonable because there was no immediate threat to his person or property, he could have left the room with his laptop, and the accepted conduct of grabbing the complainant, bringing her to the ground and choking her for 5 seconds was disproportionate. The Crown negatived self-defence.

Court Disposition

Appeal dismissed; conviction confirmed.

Orders

  • ['The appeal is dismissed.' 'The conviction is confirmed.']