Due to a global outage, email communications and some access to DLS has been impacted. Please contact the Registry on 1800 570 566 if you have urgent queries.
Case information
Lower Court Judgment
24/10/2017 Supreme Court of New South Wales (Court of Criminal Appeal) (Leeming JA, Johnson J, Adamson J)
Catchwords
Criminal law – Destroy or damage property – Crimes Act 1900 (NSW) s 195(1) – Meaning of “damage” – Where appellant climbed machine causing operator to shut down machine – Where appellant convicted of intentionally or recklessly damaging property contrary to s 195(1)(a) – Where District Court dismissed appeal and referred question whether facts can support finding of guilt to Court of Criminal Appeal – Where Court of Criminal Appeal answered “yes” – Whether Court of Criminal Appeal erred in concluding “damage” can be established where no physical derangement of property – Whether Court of Criminal Appeal erred in concluding temporary physical interference with functionality of property may constitute “damage” for purpose of s 195.
Documents
18/05/2018 Hearing (SLA, Sydney)
01/06/2018 Notice of appeal
05/07/2018 Written submissions (Appellant)
05/07/2018 Chronology (Appellant)
03/08/2018 Written submissions (Respondent)
24/08/2018 Reply
12/10/2018 Hearing (Full Court, Canberra) (Audio-visual recording)
12/10/2018 Outline of oral argument (Appellant)
12/10/2018 Outline of oral argument (Respondent)
13/03/2019 Judgment (Judgment summary)