April 1, 2019

JH v R – No conviction for client after successful appeal

Facts: Resisting police in execution of their duty

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. 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 and faced charges accordingly under section 546C, Crimes Act 1900.

Outcome: Children’s Court, appeal to Supreme Court leading to Good behaviour bond

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).