Elwin v Robinson

Jason Cameron Elwin (the appellant) appealed against his conviction by Edward George Robinson (the respondent) for obstructing a public officer in the performance of the officer's function. The appellant was arrested in Northbridge on New Year's Eve 2010. He was involved in a fight and resisted arrest. He was tasered when he did not submit to the officers. The appellant pleaded not guilty but was convicted by the respondent and fined. The appellant appealed on the grounds that the respondent erred in law in convicting him based on the finding that he was resisting or obstructing the police officers in the performance of their functions, that the respondent failed to properly consider whether the prosecution established that the appellant obstructed a public officer, and that the verdict of guilty was unreasonable or could not be supported having regard to the evidence. The court was required to decide whether the magistrate made an error of law and if so, whether there was a miscarriage of justice.

The court found that the magistrate did make an error of law in convicting the appellant based on the finding that 'he was resisting or obstructing the police officers in the performance of their functions'. However, the error did not cause a miscarriage of justice. The court held that the facts in substance supported the decision and that the appellant obstructed the police officers in the performance of their functions. The court found that the appellant was entitled to resist the neck restraint until such time as he became aware that the persons involved were police officers. After that time, he continued to struggle all the way through to the end. By so struggling, he committed the offence. The court dismissed the appeal.

The final orders of the court were that the appeal was dismissed.