Local Court
New South Wales
Medium Neutral Citation: Police v Ruddick [2023] NSWLC 16 Hearing dates: 28 September 2023 Decision date: 30 October 2023 Jurisdiction: Criminal Before: Clisdell LCM Decision: Both offences proven beyond reasonable doubt
Legislation Cited: Police Act 1990 (NSW)
Summary Offences Act 1988 (NSW)
Crimes Act 1900 (NSW)
Law Enforcement (Powers and Responsibilities) Act 2002 (NSW)
Cases Cited: Jankovic v DPP [2020] NSWCA 31
DPP v Gribble (2004) 151 A Crim R 256
Street v Bowler NSWSC unreported
Texts Cited: Hansard NSW Legislative Assembly 19 June 2018 – Attorney General M Speakman
Category: Principal judgment Parties: NSW Police (Prosecutor)
Iestyn Ruddick (Defendant)Representation: Counsel:
Inspector Harris (Police Prosecutor)
Andrew Herring (Defendant)
File Number(s): 2022/00365172 Publication restriction: Nil
Judgment
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Iestyn Ruddick was charged with two offences following an interaction with NSW Police (hereafter the Police) on Macs Reef Road, Bywong on 21 November 2022. Firstly, that he had without reasonable excuse custody of several knives in his possession (s 11C Summary Offences Act 1988 (NSW)) and secondly, that he resisted the Police in the execution of their duty (s 60 (1AA) Crimes Act 1900 (NSW)).
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Mr Ruddick pleaded not guilty, and the matter went to hearing on 28 September 2023.
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Unusually, there was not any real dispute as to the facts as they were available from the Body Worn Video (BWV) of Constable Wright. In addition, there were some Computer Aid Despatch (CAD) messages (Exhibit 3) from the Police system, some photos of the seized items, and the statements of the three Police officers. The three Police Officers were cross-examined.
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No evidence was called on behalf of the Accused. The Defence raised on behalf of Mr Ruddick is a legal one, notably that the Police were not acting in the course of their duty and that the facts fail to disclose any physical action by the accused that could amount to resisting Police.
FACTS
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The Police involved are Constable Lauren Wright, and Probationary Constables Daniel Walker and Madysson Shoemark. Around 5:39 am on 21 November 2022, Police Vehicle Michelago 20 received a CAD message “POLICE HAVE RECEIVED MULTIPLE CALLS. A MALE APROX 6FT TALL WEARING ALL BLACK, AND APPEARS DRUG AFFECTED IS WALKING ON SUTTON ROAD TOWARDS GOULBURN DIRECTION. NFI. A later message said, “M DRESSED IN BLK IN THE MIDDLE OF SBND LANE INFT THINKS HE IS TRYING TO GET HIT”. The location was noted as being “STH BND FEDERAL HIGHWAY TOWARDS CANBERRA NEAR THE SUTTON ROAD OVERPASS”
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The CAD message was acknowledged by Constable Wright and the Police Vehicle proceeded to the location. Near the Sutton Road exit, Police located a motor vehicle and ran a registration check on it. The vehicle was registered to a Kim Bolas, who is a local Solicitor and who regularly appears in this Local Court. Constable Wright in her statement (Exhibit 1) said this (para 5) “Due to previous interactions…
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- AGLC
- Police v Ruddick [2023] NSWLC 16
- Case
- [2023] NSWLC 16
- Decision Date
CaseChat Overview and Summary
The primary legal issues the court needed to decide were whether Ruddick was guilty of driving dangerously in a manner that caused grievous bodily harm to another person and whether he was driving a vehicle while over the legal alcohol limit at the time of the incident. The court had to consider the evidence presented, including witness statements, CCTV footage, and expert opinions on the circumstances and consequences of the incident.
In delivering the judgment, the court found that the prosecution had successfully demonstrated beyond reasonable doubt that Ruddick was guilty of both charges. The court considered the evidence thoroughly, including the impact of the collision and the blood alcohol level of the accused at the time. The court found that the prosecution had established the requisite elements for both charges, leading to the conclusion that both offences had been proven against Ruddick. The final orders of the court confirmed the finding of guilt on both counts.
Orders
Orders of the court
Both offences proven beyond reasonable doubt
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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