R v Manton
Case
•
[2002] NSWCCA 316
•8 August 2002
Details
AGLC
Case
Decision Date
R v Manton [2002] NSWCCA 316
[2002] NSWCCA 316
8 August 2002
CaseChat Overview and Summary
The parties involved in the appeal were the appellant, Manton, and the respondent, the Crown. The nature of the dispute was an appeal against a conviction for intimidation of a police officer, contrary to section 60(1) of the Crimes Act 1900. The appeal was heard by the High Court of Australia.
The legal issues that the court was required to decide were whether the statutory provision in question was limited to cases where the acts or words of the accused caused the officer to experience fear or apprehension, and whether the natural meaning of the words used in the statute could be relied upon in the interpretation of the provision. Specifically, the court had to determine whether the provision was limited to cases where the accused's acts or words caused the officer to experience fear or apprehension, or whether it was sufficient that the accused's acts or words caused the officer to experience any form of fear or apprehension.
The court's reasoning and outcome were that the natural meaning of the words used in the statute could be relied upon in the interpretation of the provision, and that the provision was not limited to cases where the accused's acts or words caused the officer to experience fear or apprehension. The court held that it was sufficient that the accused's acts or words caused the officer to experience any form of fear or apprehension. The court further held that the provision was not limited to cases where the accused's acts or words caused the officer to experience fear or apprehension in the sense of being afraid or apprehensive of some future event or consequence. Rather, the provision was intended to protect police officers from any form of intimidation or harassment, regardless of whether the officer experienced fear or apprehension in the strict sense of the term.
The final orders of the court were that the appeal be allowed, the conviction be quashed, and the matter be remitted to the Supreme Court for further proceedings.
The legal issues that the court was required to decide were whether the statutory provision in question was limited to cases where the acts or words of the accused caused the officer to experience fear or apprehension, and whether the natural meaning of the words used in the statute could be relied upon in the interpretation of the provision. Specifically, the court had to determine whether the provision was limited to cases where the accused's acts or words caused the officer to experience fear or apprehension, or whether it was sufficient that the accused's acts or words caused the officer to experience any form of fear or apprehension.
The court's reasoning and outcome were that the natural meaning of the words used in the statute could be relied upon in the interpretation of the provision, and that the provision was not limited to cases where the accused's acts or words caused the officer to experience fear or apprehension. The court held that it was sufficient that the accused's acts or words caused the officer to experience any form of fear or apprehension. The court further held that the provision was not limited to cases where the accused's acts or words caused the officer to experience fear or apprehension in the sense of being afraid or apprehensive of some future event or consequence. Rather, the provision was intended to protect police officers from any form of intimidation or harassment, regardless of whether the officer experienced fear or apprehension in the strict sense of the term.
The final orders of the court were that the appeal be allowed, the conviction be quashed, and the matter be remitted to the Supreme Court for further proceedings.
Details
Key Legal Topics
Areas of Law
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Criminal Law
Legal Concepts
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Appeal
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Criminal Liability
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Statutory Interpretation
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Citations
R v Manton [2002] NSWCCA 316
Most Recent Citation
The State of Western Australia v Boag [2021] WASC 49
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