R v Shepherd

The appellant in this matter was convicted of assault occasioning actual bodily harm, contrary to section 35(1) of the Crimes Act 1900 (NSW). The conviction was made upon the verdict of a jury, and the appellant was fined $500 and ordered to pay $500 in compensation. The appellant appealed against the conviction, arguing that the assault was not unlawful. The issue before the court was whether the jury were entitled to conclude that the assault was unlawful.

The court considered the evidence presented at trial, including the testimony of the victim and the appellant, as well as the legal principles applicable to the case. The court found that the jury were entitled to conclude that the assault was unlawful, based on the evidence presented. The court noted that the appellant had admitted to striking the victim, and that the force used was excessive and unreasonable. The court also noted that the victim had suffered actual bodily harm as a result of the assault.

The court dismissed the appeal and upheld the conviction. The appellant's argument that the assault was not unlawful was rejected, as the court found that the jury were entitled to conclude that the assault was excessive and unreasonable. The court also noted that the appellant had failed to provide any evidence to support his argument that the assault was lawful. The appeal was dismissed, and the conviction and sentence were upheld.

The court's final orders were that the appeal be dismissed, and that the conviction and sentence of the appellant be upheld. The appellant was ordered to pay costs of the appeal.