Donnelly v Lester

Case [2024] ACTSC 393


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Donnelly v Lester

Citation: 

[2024] ACTSC 393

Hearing Dates: 

16 May 2024; 12 August 2024

Decision Date: 

11 December 2024

Before:

Taylor J

Decision: 

(1)    The appeal is allowed.

(2)    The finding of guilty in relation to the offence of obstruct a public official (CC2022/6371) is set aside. 

(3)    The finding of guilt in relation to the offence of resist a public official (CC2023/2342) is set aside.

(4)    A finding of not guilty is entered in relation to the offence of obstruct a public official (CC2022/6371).

(5)    A finding of not guilty is entered in relation to the offence of resist a public official (CC2023/2342).

Catchwords: 

APPEAL – Appeal from Magistrates Court – Appeal against conviction – whether the verdict was unreasonable or unsupported by the evidence – whether the Magistrate erred regarding lawfulness of the arrest of a second person – whether the Magistrate erred in finding the appellant to have been lawfully arrested – resist public official – obstruct public official –police conduct – breach of the peace – appeal upheld – findings of guilt set aside

Legislation Cited: 

Australian Capital Territory National Land (Unleased) Ordinance 2022 (Cth), ss 68(1), 69

Criminal Code 2002 (ACT), s 361(1)

Magistrates Court Act 1930 (ACT), div 3.10.2, 207, 208, 214

Cases Cited: 

Alexander v Bakes [2023] ACTCA 49; 21 ACTLR 27

Alfred (a pseudonym) v Eiffert [2023] ACTSC 403

Coleman v Power [2004] HCA 39; 220 CLR 1

Dicksonv Irwin [2018] ACTSC 315

Fletcher v Harris [2005] ACTSC 27

Forbutt v Blake [1981] 51 FLR 465; 2 A Crim R 28

Fox v Percy [2003] HCA 22; 214 CLR 118

Inglis v Adamson [2024] ACTSC 4

Ji v Stone [2023] ACTSC 54

Lavin v Albert [1982] AC 546

Lee v Lee [2019] HCA 28; 266 CLR 129

M v The Queen [1994] HCA 63; 181 CLR 487

Robinson Helicopter Company Inc v McDermott [2016] HCA 22; 331 ALR 550

R v Howell [1982] 1 QBR 416

SBT v Wright [2021] ACTSC 322; 17 ACTLR 137

Warren v Coombes [1979] HCA 9; 142 CLR 531

Parties: 

Cheree Donnelly (Appellant)

Commonwealth Director of Public Prosecutions (Respondent)

Representation: 

Counsel

K Ginges ( Appellant)

L Fomiatti ( Respondent)

Solicitors

Hugo Law Group ( Appellant)

Commonwealth Director of Public Prosecutions (Respondent)

File Number:

SCA 34 of 2023

Decision Under Appeal: 

Court/Tribunal:           ACT Magistrates Court

Before:   Magistrate Campbell

Date of Decision:       11 May 2023

Case Title:                 The Police v Cheree Donnelly

Court File Numbers:    CAN 6371/2022

  CAN 2342/2023

TAYLOR J:

Introduction

1․After a hearing on 10 May 2023, the appellant, Ms Cheree Donnelly, was found guilty in the ACT Magistrates Court on 11 May 2023 of the following charges:

(a)CC2023/2342 – resist a public official, contrary to s 361(1) of the Criminal Code 2002 (ACT) (the Criminal Code).

(b)CC2022/6371 – obstruct a public official, contrary to s 361(1) of the Criminal Code.

2․The Magistrate recorded…

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Donnelly v Lester [2024] ACTSC 393
Case
[2024] ACTSC 393
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CaseChat Overview and Summary

The appellant, Donnelly, brought an appeal against his conviction in the Magistrates Court, challenging the lawfulness of his arrest and the reasonableness of the verdict. The case involved two charges: obstructing a public official and resisting a public official. The appellant contested the evidence presented and the legal conclusions drawn by the Magistrate, arguing that the arrest was unlawful and the verdict was unreasonable.

The central legal issues in this appeal revolved around the lawfulness of the appellant’s arrest, whether the Magistrate correctly applied the law, and the sufficiency of the evidence to support the findings of guilt. Specifically, the appellant questioned the legal basis for the arrest of a second person and whether he himself was lawfully arrested. Additionally, the appellant argued that the Magistrate erred in concluding that he obstructed and resisted a public official, asserting that the evidence did not substantiate these claims.

The Court, in considering the appeal, examined the evidence and the legal principles applicable to the lawfulness of arrests and the elements of the offences charged. The Court found that the Magistrate had erred in several respects. Firstly, the Court held that the evidence did not sufficiently support the conclusion that the appellant obstructed a public official, nor did it substantiate the charge of resisting a public official. The Court also found that the Magistrate’s assessment of the lawfulness of the appellant’s arrest was flawed, leading to the conclusion that the appellant’s arrest was not lawful. Consequently, the Court determined that the appeal should be upheld, and the findings of guilt were set aside.

The Court ordered the appeal to be allowed, with the findings of guilt in relation to both charges set aside. The Court entered findings of not guilty in relation to the offences of obstructing a public official and resisting a public official, aligning with the determination that the evidence was insufficient to support the convictions. This decision resulted in the appellant being acquitted of both charges.

Orders

Orders of the court

(1) The appeal is allowed.

(2) The finding of guilty in relation to the offence of obstruct a public official (CC2022/6371) is set aside.

(3) The finding of guilt in relation to the offence of resist a public official (CC2023/2342) is set aside.

(4) A finding of not guilty is entered in relation to the offence of obstruct a public official (CC2022/6371).

(5) A finding of not guilty is entered in relation to the offence of resist a public official (CC2023/2342).

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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