MAGISTRATES COURTS OF QUEENSLAND
CITATION:
Police v Booy [2010] QMC 11
PARTIES:
POLICE
(prosecution)
v
JAMES BERNARD BOOY
(defendant)
FILE NO/S:
MAG89017/09(2)
DIVISION:
Magistrates Courts
PROCEEDING:
Charge
ORIGINATING COURT:
Magistrates Court at Atherton
DELIVERED ON:
6 April 2010
DELIVERED AT:
Mareeba
HEARING DATE:
5 February 2010
MAGISTRATE:
Braes TJ
ORDER:
Not guilty
CATCHWORDS:
CRIMINAL LAW – OFFENCES AGAINST PEACE AND PUBLIC ORDER – what constitutes public nuisance – whether can obstruct police if police are acting outside of duties
Summary Offences Act 2005 (Qld), s 6
Police Powers and Responsibilities Act 2000 (Qld), s 790
COUNSEL:
Hafner (sergeant) for prosecution
Magoffin (solicitor) for defendant
SOLICITORS:
Mr Booy has pleaded not guilty to one charge of committing a public nuisance offence and one charge of obstructing Sergeant Simon Atkinson in the performance of his duties.
In order for me to find Mr Booy guilty of the charges I must be satisfied that all the elements of the charges have been proved to the standard required, that being beyond a reasonable doubt. The onus of proving those elements and of negativing any excuse raised to such standard is, of course, upon the Prosecution. Should the Prosecution fail to prove those elements to the standard required, then I must of necessity acquit Mr Booy of the charges.
Sergeant Hafner provided verbal particulars of the charges; that the Defendant and associates were spoken to regarding bulls being disturbed at the Mount Garnet rodeo, that the Defendant had become abusive and aggressive and used obscene language and called the police officer a fucking liar. That he moved towards the officer in an aggressive and threatening manner and that he was then arrested. After being arrested the Defendant struggled against police and despite numerous requests to calm down continued to struggle, was handcuffed and restrained and then later issued a Notice to Appear and released. The particulars also included the statement that the officer was exercising his duties under the Police Service Administration Act section 2.3: the preservation of peace and good order.
At the commencement of proceedings I was informed that Mr Booy admitted in respect of the public nuisance charge the date, time, place, that he was the person involved in the matter and that the event occurred in a public place. Mr Booy also made admissions in respect of the obstruct charge in respect of the date, time, place, that he was the individual involved in the incident, and that Sergeant Atkinson is a police officer.
EVIDENCE
Sergeant Atkinson, Senior Constable Kendjelic, Constable Edward and Constable Hinrichsen were conducting foot patrols at the Mount Garnet races and rodeo on the evening of Sunday 3 May 2009.
SERGEANT ATKINSON
At between 12.30 and 1.00am Sergeant Atkinson could see that the bulls in the bull pen were being agitated and moving around. There had been some previous trouble with youths stirring up the bulls in the bull pen. Sergeant Atkinson and the other officers headed towards the bull pen.…
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- AGLC
- Police v Booy [2010] QMC 11
- Case
- [2010] QMC 11
- Decision Date
CaseChat Overview and Summary
The key legal issue was whether Booy's actions constituted a public nuisance and whether the police were justified in arresting him. Public nuisance is defined as an act or omission that materially affects the reasonable comfort and convenience of the public. The court considered whether Booy's aggressive denial and calling the officer a liar, coupled with his attempt to leave the area, constituted an obstruction of police duties. Additionally, the court needed to assess whether the police were acting within their duties when they arrested Booy. The court examined the necessity and proportionality of the arrest in relation to the alleged offence.
The court found that Booy's actions did not amount to a public nuisance. The court noted that Booy had not seen the bottle being thrown and was unaware of the incident. The court held that Booy's aggressive response to the police did not constitute a public nuisance as it did not materially affect the comfort and convenience of the public. The court also found that the police were not justified in arresting Booy for obstructing their duties. The court concluded that the police overreacted and that the arrest was not necessary or proportionate given the circumstances. The court emphasised that Booy's actions, while aggressive, did not warrant the use of force and arrest.
The court ordered that Booy be found not guilty of the charges brought against him. The decision highlights the importance of proportionality and necessity in police actions, particularly in the context of public order offences. The court's ruling underscores the need for police to carefully consider the circumstances before resorting to arrest, especially when dealing with individuals who may not be aware of the full context of the situation.
Orders
Orders of the court
Not guilty
Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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