A young male model has had his conviction for assaulting a police officer and resisting arrest after a night out at a Bulli music festival overturned on appeal.
Joshua James Shoveller, 26, originally defended the allegations during a hearing in Wollongong Local Court after which Magistrate Michael O'Brien found him guilty and sentenced him to a conditional release order for 12 months.
Shoveller appealed the conviction to the NSW District Court.
Last week Judge Leonie Flannery found Shoveller's arrest was "unlawful" and determined "there was no evidence" to support either charge.
"The appeal is therefore upheld, the conviction and orders of the magistrate are quashed," she said.
During the hearing, the court heard the civil engineer had started talking to a young woman at the Last Dance festival held at Bulli Showground on New Year Eve 2019 after arriving about 9pm.
Shoveller, who described himself as "tipsy" after consuming six drinks over several hours, left the festival with the woman and started walking back to his friend's Bulli home.
However the pair returned to the festival only to be told they were not allowed back in, before they waited outside for the woman's friends to leave the gig. Shoveller said a mounted security officer repeatedly came up to them.
The security officer asked Shoveller to follow him, prompting him to run off into the bushes only stopping in the top car park when he was confronted by another mounted security officer.
Shoveller took off running again after hearing the security guard contact police.
The original security guard spotted him a short time later and Shoveller calmly agreed to be escorted out of the grounds.
Two police officers walked towards Shoveller before he allegedly ran around the back of a horse and into the path of the male constable before he side stepped, slipped slightly and brushed against the officer.
Shoveller then ran into a female senior constable who fell to the ground before he continued towards the exit.
He was tackled, arrested and later charged.
Police claimed Shoveller's behaviour in running into the female officer amounted to an assault and that he subsequently resisted arrest - allegations which Judge Flannery later found to be unproven.
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