REGINA v ORCHER [1999] NSWCCA 356

REGINA v ORCHER [1999] NSWCCA 356

Although Constable Thorn, as a police officer, was a public justice official for the purposes of s326(1)(c) of the Crimes Act 1900 (NSW), his act of arresting the respondent and taking him to the police station was not an act done in or in connection with a judicial proceeding within the meaning of that provision. The first stated question was answered No and the second stated question was answered No.

Jurisdiction
Australia
Judgment Date
12 November 1999
Procedural Posture
Criminal Case Stated / Court of Criminal Appeal on a Case Stated From the District Court Concerning an Appeal From a Magistrate's Conviction Under S326(1)(c) of the Crimes Act 1900 (nsw)
Outcome
On the case stated, both questions were answered No.
Legal Topics
['public Justice Offences' 'threats Against Public Justice Officials' 'meaning of Public Justice Official' 'connection With Judicial Proceedings' 'crimes Act 1900 (nsw), S326(1)(c)']
['criminal Law' 'statutory Interpretation'] ['public Justice Offences' 'threats Against Public Justice Officials' 'meaning of Public Justice Official' 'connection With Judicial Proceedings' 'crimes Act 1900 (nsw), S326(1)(c)']

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 Case Stated / Court of Criminal Appeal on a Case Stated From the District Court Concerning an Appeal From a Magistrate's Conviction Under S326(1)(c) of the Crimes Act 1900 (nsw)

Legal Issues

  1. 1 ['Whether a member of the New South Wales Police Service was a public justice official for the purposes of s326(1)(c) of the Crimes Act 1900 (NSW).' 'Whether the action of arresting the respondent and taking him to Bourke Police Station was an act done in or in connection with a judicial proceeding.']

Ratio Decidendi

Although Constable Thorn, as a police officer, was a public justice official for the purposes of s326(1)(c) of the Crimes Act 1900 (NSW), his act of arresting the respondent and taking him to the police station was not an act done in or in connection with a judicial proceeding within the meaning of that provision. The first stated question was answered No and the second stated question was answered No.

Court Disposition

On the case stated, both questions were answered No.

Orders

  • ["The answer to the first question is 'no'." "The answer to the second question is 'no'."]