'Refuse/fail to comply with direction' and 'assault police officer', found not guilty

R v AW

AW was charged with one count of ‘refuse/fail to comply with direction’ contrary to section 199 of the Law Enforcement (Powers and Responsibilities) Act 2002 and one count of ‘assault police officer in execution of duty’ contrary to section 60(1) the Crimes Act 1900 (NSW).  The latter charge carries a maximum sentence of five years imprisonment and is thus a serious assault charge.

Chris Cole represented AW and the matter was heard at the Downing Centre Local Court. Cole made submissions that a prima facie case has not been made out to establish each charge. The presiding Magistrate accepted these submissions and found AW not guilty on both counts.

This was a great result for AW.