Published 05 June 2019
Threatening grievous bodily harm — resisting arrest — beyond reasonable doubt. The defendant appeared on charges of threatening to do grievous bodily harm and resisting arrest. The complainant was working as a security guard when he was alerted to a member of the public sleeping in a Council-owned building. The complainant woke the defendant, who was agitated and non-compliant. After swearing and kicking a table, the defendant was escorted out of the building by the complainant, who alleged the defendant then threatened to get a gun and shoot him. The Police were notified and alleged the defendant resisted arrest. The defendant provided a differing account regarding the threats, stating in a video interview it was couched in hypothetical language, but did not deny the abusive behaviour generally. This behaviour was also observed by Police. The Judge found beyond a reasonable doubt that the defendant did threaten grievous bodily harm to the complainant, thus proving the charge. The Judge dismissed the resisting charge.
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