Jenkins v Todd

In Jenkins v Todd, the appellant, Jenkins, appealed against his convictions on three counts. The first count related to trespassing in Parliament House after being directed to leave by a security guard, the second count was for assaulting the security guard, and the third count involved resisting a police officer during an arrest. The court was required to determine the validity of these convictions based on the evidence presented and the legal principles applicable to each offence.

The court examined the evidence of the security guard, Mr. Daffey, who testified that he directed Jenkins to leave Parliament House after it closed to the public. The court accepted Mr. Daffey's evidence, noting his neutral body language and consistent gestures directing Jenkins to leave. CCTV footage supported Mr. Daffey's testimony, showing Jenkins' aggressive behaviour and refusal to leave. The court found that Jenkins became a trespasser either by remaining in the building after 6:00 pm or by not leaving within a reasonable time after being directed to do so by Mr. Daffey. Thus, the court upheld the conviction for trespassing.

For the assault charge, the court reviewed the CCTV footage and found it clearly showed Jenkins' hands on Mr. Daffey's chest, confirming the magistrate's finding of an assault. The court also dismissed Jenkins' defence of honest and reasonable but mistaken belief regarding his entitlement to attend the awards ceremony, concluding that his persistence despite being informed of his exclusion was unreasonable.

Regarding the charge of resisting a police officer, the court found that the arrest was not lawful because the mandatory warning required by the Trespass Act was not given to Jenkins. Consequently, it was not proven beyond reasonable doubt that Jenkins resisted the police officer in the execution of their duty. The court quashed the conviction for this count.

In summary, the court allowed the appeal in part, quashing the conviction for resisting a police officer but affirming the convictions for trespassing and assaulting a security guard.