Xerri (a pseudonym) v R

[2025] NSWDC 542

NSW District Court

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For Australian Law.

1. CRIME — APPEAL — Appellant’s (A) emails read out to A’s children by his estranged wife (C). Emails were on one child’s laptop computer. No explanation as to how that occurred. A pulled laptop from C’s grasp, causing a common assault upon her — Self-defence raised in Local Court but a conviction recorded.
1. ON APPEAL — Argument that self-defence was available because C’s conduct amounted to assault of A rejected. Argument that C’s conduct amounted to a serious indictable offence (“intimidation”) rejected. Argument that the emails were A’s property and he was entitled to defend his property upheld — Conviction quashed.

Emails directed to a person are personal property within the inclusive definition in Crimes Act 1900 (NSW) s 4(1), and a person may rely on s 418(2)(c) self-defence to protect those emails from unlawful interference, even where the emails appear on a device belonging to a third party.
Section 418(2)(a) self-defence ('to defend himself or herself') does not extend to defence of non-physical interests such as protecting one's relationship with children or preventing embarrassment; the provision is confined to defence of one's person or the person of another.
Reading out another person's private emails without consent does not, without more, constitute the offence of intimidation under Crimes (Domestic and Personal Violence) Act 2007 s 13; embarrassment alone does not amount to harassment or molestation within s 7 of that Act.