Youth Court Decisions How to Use Full list of key titles CYPFA section Date

Harris v Police (14 March 2002) HC, Whangarei, AP 52/01, Harrison J

Name: Harris v Police
Unreported
File number: AP 52/01
Date: 14 March 2002
Court: High Court
Location: Whangarei
Judge: Harrison J
CYPFA: s351
Charge: Assaulting a Police Officer with Intent to Obstruct Him in the Course of his Duty
Key Title:

Summary: H charged with assaulting a Police officer with intent to obstruct him in the course of his duty; charge found proven in the Youth Court; H appealed challenging the Judge’s finding of assault on the grounds that she did not consider his defences of defence of another or self defence. Whether H was acting in defence of his mother when she was being prevented by police officer from interfering in police interview of person alleged to have assaulted appellant's sister; Crimes Act 1961, s49. Held: Appellant used force, had honest belief that he needed to defend his mother; honest belief directly relevant to H’s state of mind at relevant time, did not use unreasonable force. It was not open to the Judge to find that the appellant had an intent to obstruct the constable in the execution of his duty when she had already found that at the time he interfered and pushed the police officer he believed that his mother required his defence and he was acting pursuant to that belief and for that purpose; Self-defence was doomed to fail on the facts.

Decision: Appeal allowed; Youth Court finding set aside.