R v Joshua Goddard

[2013] NSWDC 204

District Court

New South Wales

Medium Neutral Citation:	R v Joshua Goddard [2013] NSWDC 204
Hearing dates:	10 October 2013
Decision date:	18 October 2013
Before:	Mahony SC DCJ
Decision:	Appeal upheld; for orders see [41]
Catchwords:	S 60(1) Crimes Act; "intimidates police officer"
Legislation Cited:	Crimes Act 1900
Cases Cited:	Charara v R [2006] NSW CCA 244 R v Manton (2002) 132 AcrimR 249; (2002) NSWCCA 316 Linley v Rutter [1981] QB128 Woodley v Boyd [2001] NSWCA 35 State of New South Wales v Nominal Defendant [2009] NSWCA 225 Meller v Low (2000) 48 NSWLR 517 Vella v Director of Public Prosecutions (2005) NSWSC 97 R v Manton [2002] NSWCCA 316
Category:	Principal judgment
Parties:	Joshua Goddard - Appellant Director of Public Prosecution - Respondent
Representation:	Ms J Sanders - Appellant Mr A Kiru - Crown
File Number(s):	12/287685
Publication restriction:	Nil

Judgment

Introduction

1. The charge the subject to this appeal is as follows:

"Intimidate Police Officer in execution of duty without causing actual bodily harm.

Between 12.05am and 12.10am on 16 September 2012 at Gymea, did attempt to intimidate a police officer while the said Leading Senior Constable Inglis was executing his duty."

Crimes Act 1900 S 60 (1)

"(1) A person who assaults, throws a missile at, stalks, harasses or intimidates a police officer while in the execution of the officer's duty, although no actual bodily harm is occasioned to the officer, is liable to imprisonment for 5 years".

1. The penalty imposed by the learned Magistrate in respect of the offence was six months imprisonment which was backdated and had been already served.

The Appeal

1. The appeal was heard on 10 October 2013. At that time the appellant was in custody in respect of other matters. He was to be released on parole on 11 October 2013. An order had been previously made that he appear on the appeal by way of a video link and he did so for part of the appeal. The appellant did not apply to give any further evidence and the video link was terminated at his request.

1. The maximum penalty imposed in respect of the matter in the jurisdiction of the Local Court was two years imprisonment. The maximum penalty provided by statute in respect of the offence was 5 years imprisonment.

1. The appeal is by way of a re-hearing based on the transcript of evidence before the learned Magistrate. In determining the appeal I am to apply the principles governing appeals from a Judge sitting without a jury, and I am to form my own judgment of the facts on the basis of the transcript evidence, recognising the advantage enjoyed by the Magistrate who saw and heard the witnesses called in the lower court - see Charara v R [2006] NSWCCA 244 per Mason P at [18]. I have also had regard to the exhibits tendered in the Local Court and I have read the remarks of Magistrate Bartley in his judgment dated 21 June 2013.

1. I am mindful of…