April 1, 2019

JH v R [2019] NSWSC 192 – No conviction for client after successful appeal

Keywords: Resisting police in execution of their duty – section 546C, Crimes Act 1900; Good behaviour bond – section 33(1)(b), Children (Criminal Proceedings) Act 1987 (NSW) – Supreme Court – Children’s Court.


JH, aged 16, was smoking a cigarette on The Corso area in Manly. Police officers approached the young person to speak to him about the offence he had committed in regard to smoking on The Corso. The Police also suspected breach of bail conditions and wanted to check with JH. Police arrested JH for the offence of smoking. During the arrest, JH resisted the arrest by the police.


O’Brien Criminal and Civil Solicitors successfully appealed for JH to the Supreme Court against a finding by Judge Johnstone, President of the Children’s Court. The finding of guilt for the offence of resisting police in execution of their duty, contrary to section 546C of the Crimes Act 1900, was set aside, with the Presiding Justice finding conviction that the police were not acting in lawful execution of their duty. JH received the best possible outcome, receiving a good behaviour bond with no conviction under s 33(1)(b) of the Children (Criminal Proceedings) Act 1987 (NSW).