R v Danzey [2024] NSWDC 21

R v Danzey [2024] NSWDC 21

Having reviewed all the evidence, including the body worn video and considering the circumstances, the appellant's conduct amounted to both intimidation and hindering police in execution of duty beyond reasonable doubt; there was no appellate error shown in the magistrate's approach or in the material findings.

Parties
Respondent: Rex (Crown); Appellant: Regina Danzey
Jurisdiction
Australia
Judgment Date
16 February 2024
Procedural Posture
Criminal Appeal / Appeal From Conviction in Local Court to District Court Under S 18 Crimes (appeal and Review) Act 2001
Outcome
Appeal dismissed
Legal Topics
Violent Offences, Intimidate Police Officer, Hinder Police Officer, Appeal Against Conviction, Resist Arrest
Criminal Law Violent Offences Intimidate Police Officer Hinder Police Officer Appeal Against Conviction Resist Arrest

Case Brief

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Parties

Rex (Crown)

Respondent

Regina Danzey

Appellant

Procedural Posture

Criminal Appeal / Appeal From Conviction in Local Court to District Court Under S 18 Crimes (appeal and Review) Act 2001

Legal Issues

  1. 1 Whether conviction for intimidation of police officer was supported by evidence
  2. 2 Whether conviction for hindering police officer was supported by evidence
  3. 3 Whether magistrate erred in assessing intention or other elements

Ratio Decidendi

Having reviewed all the evidence, including the body worn video and considering the circumstances, the appellant's conduct amounted to both intimidation and hindering police in execution of duty beyond reasonable doubt; there was no appellate error shown in the magistrate's approach or in the material findings.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.