Colbron v R [2022] NSWDC 370

Colbron v R [2022] NSWDC 370

The appellant knowingly represented to the Police Assistance Line that, at the time of the call, the LSC was walking on school grounds in partial police uniform and wearing his firearm. That representation was false because the appellant was not present to witness the conduct and the alleged event had not occurred; he was inferring from an earlier incident rather than reporting what was happening. The act as represented called for police investigation and an investigation was commenced, so the elements of s 547B Crimes Act 1900 were proved beyond reasonable doubt and no appealable error was shown.

Jurisdiction
Australia
Judgment Date
19 August 2022
Procedural Posture
Criminal Appeal Against Conviction for Public Mischief Contrary to S 547 B Crimes Act 1900 / Appeal as of Right From a Finding of Guilt in the Downing Centre Local Court
Outcome
Appeal dismissed.
Legal Topics
['public Mischief' 'false Representation to Police' 'appeal Against Conviction' 'section 18 Crimes (appeal and Review) Act 2001 Rehearing']
['criminal Law' 'criminal Appeals'] ['public Mischief' 'false Representation to Police' 'appeal Against Conviction' 'section 18 Crimes (appeal and Review) Act 2001 Rehearing']

Case Brief

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Procedural Posture

Criminal Appeal Against Conviction for Public Mischief Contrary to S 547 B Crimes Act 1900 / Appeal as of Right From a Finding of Guilt in the Downing Centre Local Court

Legal Issues

  1. 1 ['Whether the appellant knowingly made a false representation to a police officer, or by extension to another person, within s 547B Crimes Act 1900.' 'Whether s 547B is engaged where the represented event was said to be genuinely believed or worthy of investigation.' 'Whether the Local Court finding of guilt involved factual, legal or discretionary error.']

Ratio Decidendi

The appellant knowingly represented to the Police Assistance Line that, at the time of the call, the LSC was walking on school grounds in partial police uniform and wearing his firearm. That representation was false because the appellant was not present to witness the conduct and the alleged event had not occurred; he was inferring from an earlier incident rather than reporting what was happening. The act as represented called for police investigation and an investigation was commenced, so the elements of s 547B Crimes Act 1900 were proved beyond reasonable doubt and no appealable error was shown.

Court Disposition

Appeal dismissed.

Orders

  • ['Appeal dismissed.']