Commissioner of Police v Gabriel [2004] NSWSC 31

Commissioner of Police v Gabriel [2004] NSWSC 31

Although the proposed assembly contained an element of protest about alleged police corruption, a valid subject for democratic expression, the evidence showed a very considerable element of obsession with particular police officers and a vindictive personal determination to cause them unpleasant consequences. Because the proposal for the assembly remained at large, including on a website, and persons might attend despite the defendant's announced withdrawal of notice, participants should not receive the additional protections afforded by Part 4 of the Summary Offences Act 1988 and all potentially applicable laws should remain available to law enforcement authorities.

Jurisdiction
Australia
Judgment Date
30 January 2004
Procedural Posture
Application Under S 25 of the Summary Offences Act 1988 for an Order Prohibiting the Holding of a Public Assembly / Hearing of Application
Outcome
Order made prohibiting holding of public assembly; suppression order refused.
Legal Topics
['public Assemblies' 'summary Offences Act 1988 Part 4' 'freedom of Speech' 'public Order' 'police Powers' 'suppression Orders']
['administrative Law' 'criminal Law'] ['public Assemblies' 'summary Offences Act 1988 Part 4' 'freedom of Speech' 'public Order' 'police Powers' 'suppression Orders']

Case Brief

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Procedural Posture

Application Under S 25 of the Summary Offences Act 1988 for an Order Prohibiting the Holding of a Public Assembly / Hearing of Application

Legal Issues

  1. 1 ['Whether the Court should make an order under s 25 of the Summary Offences Act 1988 in relation to the proposed public assembly.' "Whether the defendant's announced withdrawal of the notice of intention to hold the public assembly precluded the making of an order under s 25." 'Whether there should be an order preventing publication of evidence identifying or tending to identify the venue of the proposed public assembly.']

Ratio Decidendi

Although the proposed assembly contained an element of protest about alleged police corruption, a valid subject for democratic expression, the evidence showed a very considerable element of obsession with particular police officers and a vindictive personal determination to cause them unpleasant consequences. Because the proposal for the assembly remained at large, including on a website, and persons might attend despite the defendant's announced withdrawal of notice, participants should not receive the additional protections afforded by Part 4 of the Summary Offences Act 1988 and all potentially applicable laws should remain available to law enforcement authorities.

Court Disposition

Order made prohibiting holding of public assembly; suppression order refused.

Orders

  • ['Order under s 25 of the Summary Offences Act 1988 prohibiting the holding of the public assembly sought by the Commissioner of Police.' 'Application for an order that there be no publication of any evidence identifying, or tending to identify, the venue of the proposed public assembly declined.' 'Service of the...