Grajewski v. Director of Public Prosecutions (NSW)

Lower Court Judgment

24/10/2017 Supreme Court of New South Wales (Court of Criminal Appeal) (Leeming JA, Johnson J, Adamson J)

[2017] NSWCCA 251

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. 

Short particulars