Commissioner of Police v Gray

In the case of Commissioner of Police v Gray, the respondent was charged with offences arising from the alleged breach of a ministerial direction prohibiting gatherings of more than 20 people during the COVID-19 pandemic. The respondent applied to the Local Court of New South Wales for an order pursuant to section 25(1) of the Summary Offences Act 1988 (NSW) prohibiting the holding of a public assembly. The respondent argued that the immunity provided in section 24 of the Act extended to offences arising from the breach of the ministerial direction.

The court was required to decide whether section 24 of the Summary Offences Act provided immunity to the respondent for offences arising from the breach of the ministerial direction. The court also needed to determine whether an order pursuant to section 25(1) should be made prohibiting the holding of a public assembly.

The court held that section 24 of the Summary Offences Act did not provide immunity to the respondent for offences arising from the breach of the ministerial direction. The court found that the immunity provided in section 24 was limited to offences arising from the breach of a lawful order made by a police officer. The court also held that an order pursuant to section 25(1) should not be made prohibiting the holding of a public assembly as it would be an unreasonable interference with the respondent's right to freedom of assembly. The court found that the respondent had a genuine and reasonable purpose for holding the public assembly and that the restrictions imposed by the ministerial direction were not proportionate to the risk posed by the COVID-19 pandemic.

The court dismissed the respondent's application for an order prohibiting the holding of a public assembly. The court ordered that the charges against the respondent be dismissed.