JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CRIMINAL
CITATION: C -v- WA POLICE [2024] WASC 79
CORAM: TOTTLE J
HEARD: 12 DECEMBER 2023
AND WRITTEN SUBMISSIONS FILED 6 FEBRUARY 2024
DELIVERED : 22 MARCH 2024
FILE NO/S: SJA 1057 of 2023
BETWEEN: C
Appellant
AND
WA POLICE
Respondent
ON APPEAL FROM:
For File No: SJA 1057 OF 2023
Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram: MAGISTRATE S OLIVER
File Number : PE52788 OF 2022
Catchwords:
Criminal law- Appeal against conviction - Where offence of trespass committed as part of climate change protest - Whether defence of emergency available - Where denial of procedural fairness - Whether substantial miscarriage of justice - Turns on own facts
Legislation:
Climate Change Act 2022 (Cth)
Criminal Appeals Act 2004 (WA)
Criminal Code Act 1899 (Qld)
Criminal Code Act 195 (Cth)
Criminal Code Act Compilation Act 1913 (WA)
Result:
Leave to appeal granted in respect of ground 1 and appeal dismissed
Leave to appeal refused in respect of ground 2
Category: B
Representation:
Counsel:
| Appellant | : | In person |
| Respondent | : | M I Olds |
Solicitors:
| Appellant | : | In person |
| Respondent | : | State Solicitor's Office |
Cases referred to in decision:
Culverwell v Ginbey [2016] WASC 3
Fabrizi v Grasso (Jnr) as the Legal Personal Representative of Mr Grasso (Deceased) [No 2] [2022] WASCA 27
Floyd v Western Australia [2013] WASCA 33
Gerinoni Nominees Pty Ltd v Cullen [2022] WASC 337
Holland v Jones [1917] HCA 26; (1917) 23 CLR 149
Johnson v Western Australia [2009] WASCA 71; (2009) 40 WAR 116
Morgan v Cramer [2019] WASC 68
NPK v Western Australia [2020] WASCA 50
Perka v The Queen (1984) 14 CCC (3d) 385
Petersen v Western Australia [2016] WASCA 66
Petersen v Western Australia [42] citing Braysich v R (2011) 243 CLR 434
R v Rogers (1996) 86 A Crim R 542
Rolles v Commissioner of Police [2020] QDC 331
Samuels v Western Australia [2005] WASCA 193; (2005) 30 WAR 473
Strahan v Brennan [2014] WASC 190
Thomas v Christian [2021] WASC 151
Warnakulasuriya v R [2012] WASCA 10; (2012) 261 FLR 260
Webster & Co v Australasian United Steam Navigation Co Ltd [1902] St R Qd 207
Wilson v McDonald [2009] WASCA 39; (2009) 193 A Crim R 63
TOTTLE J:
Overview
On the morning of 29 November 2022 the appellant and four others sat down in a line outside the front doors of Dumas House in West Perth and glued their hands together. Those persons on the ends of the line glued their free hands to the ground.
The appellant participated in this activity to call attention to the fact that the State Government had not enacted legislation providing for any 'net zero' or emission reductions targets. Dumas House contains the offices of ministers of the State Government and public servants.
The appellant was charged with the offence of trespass contrary to s 70A(2) of the
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- AGLC
- C v WA Police [2024] WASC 79
- Case
- [2024] WASC 79
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the defence of emergency was available in this case, and whether the denial of procedural fairness constituted a substantial miscarriage of justice. The court had to consider whether the appellant's actions were justified by an emergency situation, and whether the failure to provide a fair trial resulted in a miscarriage of justice.
The court found that the defence of emergency was not available in this case, as the appellant had not acted in response to an unforeseen and imminent threat to life or limb. The court also found that the denial of procedural fairness did not result in a substantial miscarriage of justice, as the appellant was still able to present their case and challenge the evidence against them. The appeal was therefore dismissed.
The court did not make any further orders in the case, as the appeal was dismissed and the original conviction stood. The appellant was required to serve the sentence imposed by the original court, which included a fine and a suspended imprisonment order. The decision of the court of appeal was final, and the appellant was not able to appeal further to the High Court of Australia.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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