Greenslade v The Queen

[2012] NSWDC 255

District Court

New South Wales

Medium Neutral Citation:

Greenslade v R [2012] NSWDC 255

Hearing dates:

5 December 2012

Decision date:

05 December 2012

Before:

Neilson DCJ

Decision:

Conviction recorded and sentence passed by Downing Centre Local Court on 12 July 2012 set aside.

The charge of resisting arrest is dismissed.

Catchwords:

CRIMINAL LAW - Police powers - Whether arrest was lawful - Arrest must be for purpose of taking person before a court to answer a charge

Legislation Cited:

Law Enforcement (Powers and Responsibilities) Act 2002 s 99(3)

Cases Cited:

Daemar v Corporate Affairs Commission [1990] NSWCA 51
DPP v CAD & Ors [2003] NSWSC 196
DPP v Carr [2002] NSWSC 194
Dungay v R [2001] NSWCCA 443
Fleet v District Court of New South Wales [1999] NSWCA 363
McLiney v Minister [1911] VLR 347
R v Ryan (1890) 11 NSWR 171
Williams v R (1986) 161 CLR 278

Category:

Principal judgment

Parties:

Regina (Crown)
Susan Joanna Greenslade (Appellant)

Representation:

Ms J Turner (Crown)
Mr T Jones (Appellant)

File Number(s):

2012/086323

Judgment

1. This is an appeal against a conviction recorded and a sentenced passed by Acting Magistrate Moore sitting in the Downing Centre Local Court on 12 July 2012. The appellant was charged with two offences. The first offence was that between 2.15am and 2.30am on 18 March 2012 at Marrickville she did assault Bronwyn Mathieson. The second charge was that between 4.15am and 4.25am on 18 March 2012 at Marrickville she did resist Michael Hack, he being a constable of police executing his duty.

1. At about 3am on 18 March 2012, Constable Hack obtained a complaint from Bronwyn Mathieson that Ms Mathieson had been assaulted by her flatmate, the current appellant, earlier on that morning. That complaint was received at the home of a friend of Ms Mathieson, in Livingstone Road, Marrickville, to which she had resorted prior to making a telephone call which caused Constable Hack to attend upon her about 3am.

1. Constable Hack took Ms Mathieson to the Marrickville police station and obtained a statement from her. Constable Hack then attended the property at 13 Gladstone Street, Marrickville at which the appellant resided and which was the normal place of abode of Ms Mathieson. According to the evidence of Constable Hack, he arrived at the premises at 4.15am. He was in company with Constable Davies, a female constable, and Probationary Constable Schmidt, who is male.

1. The appellant had been asleep in bed. She gave evidence that she retired to her bed at about 3.15am. She was wearing a blue and white short kimono style dressing gown, which was tied at the front around the waist. She was not wearing any other clothing. She was awoken by a flashing blue light outside her house. Although the blinds to her bedroom were drawn, the blue flashing light pierced into her bedroom, causing her to wake up. In addition, she thought she saw torches being shone through the window of her room, although there appears to be some factual…