Fuller v The Queen

[2016] NSWDC 31

District Court

New South Wales

Medium Neutral Citation:

Fuller v R [2016] NSWDC 31

Hearing dates:

21, 23/10/2015; 26/02/2016

Date of orders:

26 February 2016

Decision date:

18 March 2016

Jurisdiction:

Criminal

Before:

Judge S Norrish QC

Decision:

Appeals against findings of guilt dismissed.

 

Severity appeal
Conviction confirmed. Order of the Magistrate confirmed but fine of $600 varied to $50.00.

 Conviction confirmed. Order of the Magistrate confirmed – s 9 bond confirmed

Catchwords:

Criminal – Conviction appeal, offensive conduct within inclosed lands, intimidation.

Legislation Cited:

Inclosed Lands Protection Act 1901
Crimes (Domestic and Personal Violence) Act 2007

Cases Cited:

DPP v Strange [2011] 80 NSWLR 412
R v Charara [2006] NSWCCA 244
Ball v McIntyre (1966) 9 FLR 237
Worcester v Smith (1951) VLR 316
R v Smith (1974) 2 NSWLR 586

Category:

Principal judgment

Parties:

John Fuller – Appellant
Director of Public Prosecutions - Respondent

Representation:

Solicitors:
Appellant - self represented
Director of Public Prosecutions - Respondent

File Number(s):

2014/221038

Publication restriction:

Nil

Judgment

1. John Fuller (the appellant) appealed against findings of guilt in respect of two offences allegedly committed by him on 3 March 2014. The two offences were “offensive conduct whilst on inclosed lands”, particularly on the property of Greater Lithgow City Council (“the Council”) chambers (s 4A Inclosed Lands Protection Act 1901) and a charge of “intimidate intending to cause fear of physical or mental harm committed towards Marie Statham” (“the Mayor”) (s 13 Crimes (Domestic and Personal Violence) Act 2007).

2. In respect of the first matter, the particulars in the Court Attendance Notice are that the appellant remained upon the inclosed lands of the Council at 180 Mort Street Lithgow after being requested by Roger Bailey, the General Manager in charge of the said lands, to leave those lands, and while remaining upon the said lands did conduct himself in a manner as would be regarded, in the circumstances, as offensive by a reasonable person. This is alleged to have occurred in the Council chamber in the course of a meeting of the Council in the presence of members of the public.

3. The second charge was related to threatening conduct towards the Mayor. This allegedly occurred in the committee room adjacent to the chamber after the meeting of the Council was adjourned.

4. The prosecution must prove the guilt of the accused of each allegation beyond reasonable doubt. The accused has no onus upon him at all. The burden of proof of guilt, never shifts to a defendant.

5. There was an extensive hearing before the learned Magistrate at Lithgow Local Court on 6 February and 29 May 2015. I have read the transcript of those proceedings and the judgment of the learned Magistrate which I take into account in accordance with the decision of Charara ([2006] NSWCCA 244). I have read the documentary exhibits and listened to the recording of the proceedings within the Council chamber concerned primarily with the offence relating to inclosed lands, but related in time to the matters giving…