P v Joshua William McMillan [2010] NSWLC 9

P v Joshua William McMillan [2010] NSWLC 9

The direction to leave the CBD was not too broad or unreasonable for the purposes of ss. 197 to 199 of the Law Enforcement (Powers and Responsibilities) Act 2002 because the CBD of Wagga Wagga could be defined by reference to the Wagga Wagga City Council material, the accused was within that area when directed and when arrested, and his later conduct at the Duke Hotel established beyond reasonable doubt that he persisted in the relevant conduct or other relevant conduct after the direction was given.

Jurisdiction
Australia
Judgment Date
30 April 2010
Procedural Posture
Criminal / Local Court Determination of Charge After Hearing
Outcome
Offence proved.
Legal Topics
['move on Direction' 'law Enforcement (powers and Responsibilities) Act 2002' 'reasonableness of Direction' 'failure to Comply With Direction' 'meaning of Cbd']
['criminal Law' 'police Powers'] ['move on Direction' 'law Enforcement (powers and Responsibilities) Act 2002' 'reasonableness of Direction' 'failure to Comply With Direction' 'meaning of Cbd']

Case Brief

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Procedural Posture

Criminal / Local Court Determination of Charge After Hearing

Legal Issues

  1. 1 ['Whether the move on direction given to the accused was reasonable within the meaning of s. 197(2) of the Law Enforcement (Powers and Responsibilities) Act 2002.' 'Whether the direction to leave the CBD, described as the main street and all off streets, was too broad or imprecise.' 'Whether the accused persisted, after the direction was given, to engage in the relevant conduct or any other relevant conduct for the purposes of s. 199(2) of the Law Enforcement (Powers and Responsibilities) Act 2002.']

Ratio Decidendi

The direction to leave the CBD was not too broad or unreasonable for the purposes of ss. 197 to 199 of the Law Enforcement (Powers and Responsibilities) Act 2002 because the CBD of Wagga Wagga could be defined by reference to the Wagga Wagga City Council material, the accused was within that area when directed and when arrested, and his later conduct at the Duke Hotel established beyond reasonable doubt that he persisted in the relevant conduct or other relevant conduct after the direction was given.

Court Disposition

Offence proved.

Orders

  • ['Offence proved.']