Police v Ryan Benjamin CASTLE [2011] NSWLC 22

Police v Ryan Benjamin CASTLE [2011] NSWLC 22

The direction given by the police officer was not authorised under the Law Enforcement (Powers and Responsibilities) Act as it was in relation to an apparently genuine protest. Furthermore, there was insufficient evidence that the accused cut down the trees or knew their source, so both charges must be dismissed.

Jurisdiction
Australia
Judgment Date
08 July 2011
Procedural Posture
Criminal / Final Judgment
Outcome
charges dismissed
Legal Topics
['failing to Comply With Direction of Police Officer' 'lawfulness of Police Direction' 'protest Activity' 'causing Timber to Be Cut on Crown Timber Lands' 'reasonable Excuse']
['criminal Law'] ['failing to Comply With Direction of Police Officer' 'lawfulness of Police Direction' 'protest Activity' 'causing Timber to Be Cut on Crown Timber Lands' 'reasonable Excuse']

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Procedural Posture

Criminal / Final Judgment

Legal Issues

  1. 1 ['Whether the accused failed to comply with a lawful police direction without reasonable excuse' 'Whether the accused caused timber to be cut on Crown timber lands']

Ratio Decidendi

The direction given by the police officer was not authorised under the Law Enforcement (Powers and Responsibilities) Act as it was in relation to an apparently genuine protest. Furthermore, there was insufficient evidence that the accused cut down the trees or knew their source, so both charges must be dismissed.

Court Disposition

charges dismissed

Orders

  • ['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.']