PARTIES: GARNET ALAN DIXON
v
STUART ROSS WALLIN
TITLE OF COURT: Summary Jurisdiction
JURISDICTION: Court of Summary - Alice Springs
FILE NO(s): 20321353
DELIVERED ON: 14 April 2004
DELIVERED AT: Alice Springs
HEARING DATE(s): 28, 30 January, 5 March 2004
JUDGMENT OF: M Little
CATCHWORDS:
REPRESENTATION:
Counsel:
Prosecution: J Burness
Defendant: R Goldflam
Solicitors:
Prosecution: Police Prosecutions
Defendant: NTLAC
Judgment category classification:
Judgment ID number: [2004] NTMC 049
Number of paragraphs: 146
IN THE COURT OF SUMMARY JURISDICTION
AT ALICE SPRINGS IN THE NORTHERN
TERRITORY OF AUSTRALIA
No. 20321353
BETWEEN:
GARNET ALAN DIXON
Police
AND:
STUART ROSS WALLIN
Defendant
REASONS FOR JUDGMENT
(Delivered 14 April 2004)
Ms M LITTLE SM:
1. The defendant, Stuart Wallin is charged that on 10 October 2003 at Alice Springs he unlawfully assaulted a police officer, namely Constable Hamilton, contrary to section 189A of the Code, that he assaulted a police officer, namely Constable Brand, contrary to section 189A of the Code, that on that same date he resisted members of the police force in the execution of their duty, and further that he behaved in a disorderly manner in the police station, namely Alice Springs Police Station.
2. The defendant pleaded not guilty to the charges. I remind myself that prosecution bears the onus of proving and each and every element of the charges beyond reasonable doubt.
3. Defence indicated at the commencement of proceedings that they objected to the admissibility of certain of the police officers evidence and in particular evidence of all events from the moment when the police effected the taking of the defendant into protective custody.
4. The hearing proceeded with all evidence being taken and that objection noted. I will be summarising the evidence taken and then will make a ruling on the voir dire point prior to dealing with the substantive matters. I accept Mr Goldflam's analysis that, if I reject the evidence from the time of the taking the defendant into protective custody, that counts 1 to 3 will fail for lack of evidence.
5. The first witness to be called was Constable Chris Brand of the Alice Springs Police Force. On 11 October 2003 he was working in the Traffic Section, with Constable Jennifer Hamilton, on the evening shift from 3pm to midnight. At approximately 11pm they were driving back into the police station. As they approached the roundabout at the intersection of Parsons Street and Bath Street they saw a person walking who appeared to be highly intoxicated. He was staggering along the street and having difficulty maintaining his balance. He appeared to be making his way to the Coles Complex on Bath Street.
6. Constable Brand was driving the vehicle. He did a lap around the small roundabout to have a closer look at the person. He stopped the vehicle and spoke to the man. His evidence was that the man said he was going to…
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- AGLC
- Police v Stuart Ross Wallin [2004] NTMC 49
- Case
- [2004] NTMC 49
- Decision Date
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