11 Jun 2025
CCTV and medical evidence demonstrate the appellant deliberately struck the complainant's right forearm rather than acting to recover or protect the OB book; the force used was excessive and not aimed at the property, therefore the defence of property does not apply and the conviction is safe beyond reasonable doubt.
22 Feb 2023
Plaintiff's claim dismissed: issue estoppel and factual findings established the plants belonged to the property owner and not the plaintiff; defendants were entitled to take steps to protect the plants and persons present and the force used to restrain the plaintiff was reasonable and proportionate in the circumstances; plaintiff's evidence and credibility were unreliable.
16 Jan 2023
Trial judge's factual findings accepting prosecution witnesses were lawful and entitled to full weight; applying the two-stage test the court found that even if appellant sincerely believed she was defending property or preventing unlawful removal, biting was an intentional, disproportionate and excessive use of force that was unlawful; evidence satisfied guilt beyond reasonable doubt and the 14-day immediate custodial sentence was appropriate and not manifestly excessive given need to protect/frontline officers and deterrence; fresh evidence was inadmissible or would not alter sentence.
30 Jan 1997
The conviction was quashed because there was no sufficient evidence that the appellant's act of brushing the victim's hand, done in the context of protecting his property, amounted to common assault and the prosecution did not oppose allowing the appeal.
30 May 1986
The magistrate was entitled to accept the complainant's account that the complainant sprayed the appellant and that the appellant first assaulted the complainant in retaliation; there was no legal error in the magistrate's assessment of credibility and the appellate court will not interfere, therefore the conviction is upheld.