Court of Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Veira v Cook [2021] NSWCA 302 Hearing dates: 9 July 2021 Date of orders: 9 December 2021 Decision date: 09 December 2021 Before: Basten JA at [1];
Meagher JA at [2];
Emmett AJA at [51]Decision: (1) Dismiss summons seeking leave to appeal
(2) Order that the applicant pay the respondent’s costs
Catchwords: CRIME – appeal and review – application for leave to appeal from Supreme Court orders dismissing appeal from Local Court – where applicant convicted of unlawfully entering inclosed lands and interfering with business – where conduct done to remove chickens from cruel conditions – whether defence of necessity available – consideration of R v Rogers (1996) 86 A Crim R 542
Legislation Cited: Crimes (Appeal and Review)Act2001 (NSW), s 52
Criminal Code (Qld), s 31(1)(d)
Inclosed Lands Protection Act 1901 (NSW), ss 4, 4B
Inclosed Lands Protection Amendment Act 1997 (NSW)
Supreme Court Act 1970 (NSW), s 101(2)(h)
Cases Cited: Ajayi v The Queen [2012] WASCA 126; (2012) 221 A Crim R 148
Clarkson v The Queen [2007] NSWCCA 70; (2007) 171 A Crim R 1
Director of Public Prosecutions v Wille (1999) 47 NSWLR 255
Johnson v Phillips [1976] 1 WLR 65
Marwey v The Queen (1977) 138 CLR 630; [1977] HCA 68
Mouse’s Case (1608) 12 Co Rep 63; 77 ER 1341
Perka v The Queen [1984] 2 SCR 232
R v Dimitropoulos [2020] QCA 75; (2020) 282 A Crim R 402
R v Loughnan [1981] VR 443
R v Rogers (1996) 86 A Crim R 542
Smith v Western Australia [2010] WASCA 205; (2010) 204 A Crim R 280
Sodeman v The King (1936) 55 CLR 192
Taiapa v The Queen (2009) 240 CLR 95; [2009] HCA 53
The Gratitudine (1801) 3 C Rob 240; 165 ER 45
United States v Bailey 444 US 394 (1979)
Zecevic v Director of Public Prosecutions (1987) 162 CLR 645; [1987] HCA 26
Texts Cited: Lewis Frederick Sturge, A Digest of the Criminal Law (Indictable Offences) (9th ed, 1950, Sweet & Maxwell)
Sir James Stephen, Digest of the Criminal Law (1st ed, 1877, Macmillan)
Category: Principal judgment Parties: Maria Veira (Applicant)
Peter Cook (Respondent)Representation: Counsel:
Solicitors:
P Singleton (Applicant)
J S Caldwell (Respondent)
Animal Defenders Office (Applicant)
Office of the General Counsel, New South Wales Police Force (Respondent)
File Number(s): 2021/3826 Publication restriction: Nil Decision under appeal
- Court or tribunal:
- Supreme Court of New South Wales
- Jurisdiction:
- Common Law
- Citation:
- Date of Decision:
- 9 December 2020
- Before:
- Adamson J
- File Number(s):
- 2019/390074
HEADNOTE
[This headnote is not to be read as part of the judgment]
In June 2018, the applicant entered a poultry farm, removed chickens contained in cages, and…
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- AGLC
- Veira v Cook [2021] NSWCA 302
- Case
- [2021] NSWCA 302
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Court of Appeal was whether the defence of necessity was available to Veira in the circumstances of her offending conduct. This required the Court to consider the elements of the defence of necessity and whether they could be satisfied by the facts presented.
The Court of Appeal, in dismissing the summons for leave to appeal, applied established principles regarding the defence of necessity. While the precise reasoning is not detailed in the provided text, the outcome indicates that the Court found the defence of necessity was not applicable to Veira's case. This suggests that the Court determined that the conditions for invoking the defence, such as the absence of a reasonable legal alternative or the proportionality of the actions taken, were not met.
Consequently, the Court ordered that the summons seeking leave to appeal be dismissed and that Veira pay the respondent's costs.
Orders
Orders of the court
(1) Dismiss summons seeking leave to appeal
(2) Order that the applicant pay the respondent’s costs
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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