Harkins v The Queen

The appeal concerns the conviction of the appellant, Harkins, for driving a car while held by police officers in an attempt to evade apprehension. The police officers were standing outside the car during the incident, and the appellant did not intend to harm them. The issue before the court was whether the use of the car as an offensive instrument with the intent to prevent or hinder lawful apprehension constituted an offence under section 33B(1)(a) of the Crimes Act 1900 (NSW).

The court had to consider whether intoxication was relevant to the issue of whether the appellant intended to use the vehicle as an offensive instrument for the purposes of section 33B(1)(a) of the Crimes Act 1900 (NSW). The court also had to consider the provisions of Part 11A of the Crimes Act, including section 428C, which deals with offences of specific intent. The court found that the appellant's intoxication was not a relevant consideration in determining whether he intended to use the vehicle as an offensive instrument. The court held that the appellant's actions were intentional and amounted to using the vehicle as an offensive instrument with the intent to prevent or hinder lawful apprehension. The court found that the appellant's actions constituted an offence under section 33B(1)(a) of the Crimes Act 1900 (NSW).

The court dismissed the appeal and upheld the conviction. The court found that the appellant's actions were intentional and amounted to using the vehicle as an offensive instrument with the intent to prevent or hinder lawful apprehension. The court held that the appellant's intoxication was not a relevant consideration in determining whether he intended to use the vehicle as an offensive instrument. The court found that the appellant's actions constituted an offence under section 33B(1)(a) of the Crimes Act 1900 (NSW). The court dismissed the appeal and upheld the conviction.