Director of Public Prosecutions v Wong [2019] NSWLC 14

Director of Public Prosecutions v Wong [2019] NSWLC 14

The court found beyond reasonable doubt that Senior Constable Wong deliberately pushed Mr Farmer's head into the truck in retaliation for swearing, rather than for self-defence or other necessity, and that this was not a reasonable use of force in the course of arrest.

Jurisdiction
Australia
Judgment Date
16 August 2019
Procedural Posture
Criminal / Judgment at First Instance
Outcome
Guilty of assault
Legal Topics
['common Assault' 'police Use of Force' 'self Defence' 'police Misconduct']
['criminal Law'] ['common Assault' 'police Use of Force' 'self Defence' 'police Misconduct']

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 / Judgment at First Instance

Legal Issues

  1. 1 ['Whether the force used by Senior Constable Wong was reasonable under s230, 231 LEPRA 2002 (NSW)' 'Whether the defendant was acting in self-defence under s 418 Crimes Act 1900 (NSW)']

Ratio Decidendi

The court found beyond reasonable doubt that Senior Constable Wong deliberately pushed Mr Farmer's head into the truck in retaliation for swearing, rather than for self-defence or other necessity, and that this was not a reasonable use of force in the course of arrest.

Court Disposition

Guilty of assault

Orders

  • ['Offence proved']