Antaw v The Queen; Kitson v The Queen; Lee v The Queen

In the matter of Antaw, Kitson, and Lee, each appellant separately appealed against their conviction in the Local Court to the District Court. Each appellant was convicted of offences related to obstructing traffic at an unauthorised public assembly. The appeals were based on the argument that the appellants did not believe, on reasonable grounds, that the assembly was authorised, nor did they persist in obstructing traffic. The appeals were heard and determined by the District Court of New South Wales.

The central legal issue before the court was whether the appellants had the requisite belief, on reasonable grounds, that the assembly was authorised. Additionally, the court had to determine whether the appellants persisted in obstructing traffic after being directed to disperse. The appellants argued that they had a genuine belief that the assembly was authorised and that they ceased to obstruct traffic once directed to disperse by the police.

The court found that the appellants' belief regarding the authorisation of the assembly was not held on reasonable grounds. It was determined that the appellants had actual knowledge that the assembly was unauthorised. Furthermore, the court held that the appellants did persist in obstructing traffic after being directed to disperse. The appeals were dismissed, and the convictions upheld. The court found that the evidence demonstrated the appellants' knowledge of the assembly's unauthorised status and their continued obstruction of traffic despite police directions.