Police v Ryan Benjamin Castle

[2011] NSWLC 22

Local Court

New South Wales

Medium Neutral Citation:	Police v Ryan Benjamin CASTLE [2011] NSWLC 22
Hearing dates:	17/12/2010, 13/5/2011, 6/6/2011
Decision date:	08 July 2011
Jurisdiction:	Criminal
Before:	Magistrate Bone
Decision:	The charges of failing without reasonable excuse to comply with the direction of a police officer and causing timber to be cut on Crown timber lands are dismissed
Catchwords:	CRIMINAL LAW - failing without reasonable excuse to comply with direction of police officer - whether direction lawful - apparently genuine protest - whether reasonable excuse - where logging operation possibly unlawful
Legislation Cited:	Forestry Act 1916 Law Enforcement (Powers and Responsibilities) Act 2002 National Parks and Wildlife Act 1974
Cases Cited:	Darcey v Pre-Term Foundation Clinic [1983] 2 NSWLR 497 Devlin v Armstrong [1971] NILR 13 DPP v Wille & ors (1999) 47 NSWLR 255 R v Bacon & ors [1977] 2 NSWLR 507 R v Hewke & ors (unrep., Maidstone Crown Court, 8/9/08 per Caddick J) Taikato v The Queen (1996) 186 CLR 454
Category:	Principal judgment
Parties:	Police Ryan Benjamin Castle (the accused)
Representation:	Sgt J Delaroche, police prosecutor Mr W Boom for the accused
File Number(s):	2010/108372

JUDGMENT

1. The accused is charged with failing, without reasonable excuse, to comply with the direction of a police officer and with causing timber to be cut on Crown timber lands. Early in the prosecution case an objection was taken by the police prosecutor to a line of questioning which had been taken by the accused's solicitor. Because of the importance of the issues which were raised at that time, I gave a written judgement in which I indicated that I considered that the line of questioning was appropriate. Much of the contents of that judgement is repeated in this judgement.

Background

1. At about 8am on 27 April 2010, Senior Constable Westaway attended Clarkes Road, Greendale, at the request of an officer of Forestry NSW. Clarkes Road is a minor road in the forests of southern New South Wales. The officer came across a group of people near a timber tripod which spanned the entire carriageway. The accused was on top of the tripod. He was asked if he realised that he was in a prohibited zone and that he was obstructing forestry personnel and contractors attending to their work. He replied "yes". He was told that if he remained in the tripod and disobeyed the officer's direction to come down he would be continuing to commit offences. The accused did not descend. Later in the day the accused was told by a police officer "we'll come and get you down". He said "I don't want to". At around 4.30pm two police officers used a cherry-picker machine to remove the accused from the tripod. The accused was arrested and was subsequently charged, among other things, with the offences that he:

• "did, without reasonable excuse, refuse or fail to comply with a direction given in accordance with Part 14" (s 199(1), Law Enforcement (Powers and Responsibilities) Act 2002)

• "did cause/knowingly…