Police v McGuire [2019] NSWLC 10

Police v McGuire [2019] NSWLC 10

The Prosecution did not prove beyond reasonable doubt that the Defendant's conduct was without lawful excuse. The Court accepted that the Defendant was a credible witness who responded to rapidly escalating, risk-prone behaviour by vulnerable clients and that his restraint of them, although not compliant with PART or NVCI training and involving errors of practice, was not unlawful. Alternatively, self-defence was raised and the Prosecution failed to prove beyond reasonable doubt that the Defendant did not act in self-defence, because there was a reasonable possibility that he believed his conduct was necessary to defend himself or another person or to protect property from destruction,...

Jurisdiction
Australia
Judgment Date
18 January 2019
Procedural Posture
Criminal Prosecution for Two Counts of Common Assault Contrary to S.61 of the Crimes Act 1900 (nsw) / Defended Hearing After Pleas of Not Guilty; Principal Judgment
Outcome
Defendant found not guilty of both counts of common assault; verdict of acquittal entered.
Legal Topics
['common Assault' 'lawful Excuse' 'self Defence' 'use of Force by Disability Support Worker' 'physical Restraint of Clients' 'onus and Standard of Proof' 'good Character Direction']
['criminal Law' 'evidence'] ['common Assault' 'lawful Excuse' 'self Defence' 'use of Force by Disability Support Worker' 'physical Restraint of Clients' 'onus and Standard of Proof' 'good Character Direction']

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Procedural Posture

Criminal Prosecution for Two Counts of Common Assault Contrary to S.61 of the Crimes Act 1900 (nsw) / Defended Hearing After Pleas of Not Guilty; Principal Judgment

Legal Issues

  1. 1 ["Whether the Defendant's physical restraint of Ms Suzanne Kauley and Ms Kathryn Connell amounted to common assault." "Whether the Defendant's conduct was intentional and without lawful excuse." 'Whether the force used by the Defendant was unreasonable or excessive in the circumstances.' 'Whether self-defence was raised and, if so, whether the Prosecution negatived it beyond reasonable doubt.' "Whether the Defendant's conduct was a breach of the criminal law or poor or negligent performance of his duties as a carer."]

Ratio Decidendi

The Prosecution did not prove beyond reasonable doubt that the Defendant's conduct was without lawful excuse. The Court accepted that the Defendant was a credible witness who responded to rapidly escalating, risk-prone behaviour by vulnerable clients and that his restraint of them, although not compliant with PART or NVCI training and involving errors of practice, was not unlawful. Alternatively, self-defence was raised and the Prosecution failed to prove beyond reasonable doubt that the Defendant did not act in self-defence, because there was a reasonable possibility that he believed his conduct was necessary to defend himself or another person or to protect property from destruction,...

Court Disposition

Defendant found not guilty of both counts of common assault; verdict of acquittal entered.

Orders

  • ['The Defendant is found not guilty of two counts of common assault, contrary to s.61 of the Crimes Act 1900 (NSW) (Sequences 1 and 2).' 'A verdict of acquittal is entered on both counts.']