Ribarovski v R [2020] NSWDC 599

Ribarovski v R [2020] NSWDC 599

The claim of right was genuinely and honestly held by the appellant because he believed himself to be legally entitled to the phone, having paid for it. The Crown failed to negative the claim of right beyond reasonable doubt, and the issue was not properly addressed by the Local Court. Accordingly, the finding of guilt, penalty, and apprehended violence order must be set aside.

Jurisdiction
Australia
Judgment Date
09 September 2020
Procedural Posture
Criminal Appeal / Appeal From Conviction and Order of Local Court
Outcome
Appeal allowed; finding of guilt and penalty set aside; AVO set aside.
Legal Topics
['common Assault' 'claim of Right' 'appeal From Local Court' 'apprehended Violence Order' 'conditional Release Order']
['criminal Law'] ['common Assault' 'claim of Right' 'appeal From Local Court' 'apprehended Violence Order' 'conditional Release Order']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal From Conviction and Order of Local Court

Legal Issues

  1. 1 ["Whether the appellant's actions constituted common assault" 'Whether the appellant had a valid claim of right in reaching for the mobile phone' 'Whether the Crown negatived the claim of right beyond reasonable doubt' 'Whether the Local Court erred in making a finding of guilt, imposing penalty and an AVO']

Ratio Decidendi

The claim of right was genuinely and honestly held by the appellant because he believed himself to be legally entitled to the phone, having paid for it. The Crown failed to negative the claim of right beyond reasonable doubt, and the issue was not properly addressed by the Local Court. Accordingly, the finding of guilt, penalty, and apprehended violence order must be set aside.

Court Disposition

Appeal allowed; finding of guilt and penalty set aside; AVO set aside.

Orders

  • ['The finding of guilt is set aside.' 'The penalty imposed by the Local Court is set aside.' 'The apprehended violence order made on 19 July 2019 is set aside.']