Mark, Patricia Ellen & Ors v Henshaw, Gordon Robert [1998] FCA 556

Mark, Patricia Ellen & Ors v Henshaw, Gordon Robert [1998] FCA 556

The appellants lacked a reasonable excuse because, objectively assessed, their dominant purpose in entering and remaining on the premises was to advance their cause against battery hen farming and gain maximum publicity by chaining themselves to cages and alerting police and media. Genuine and reasonably held beliefs about cruelty, and any low level of seriousness of the trespass, did not justify entering another's premises to protest against a lawful activity. The magistrate erred in treating evidence about cruelty in battery hen farming as establishing a reasonable excuse instead of identifying and objectively evaluating the actual reason for entry.

Jurisdiction
Australia
Judgment Date
22 May 1998
Procedural Posture
Appeal From a Judge of the Supreme Court of the Australian Capital Territory Concerning Review of Magistrates Court Orders Dismissing Informations for Trespass Under Subs 11(1) of the Public Order (protection of Persons and Property) Act 1971 (cth) / Federal Court Appeal
Outcome
Appeal dismissed; judgment of the Supreme Court of the Australian Capital Territory affirmed.
Legal Topics
['reasonable Excuse' 'protest and Demonstration' 'animal Welfare Protest' 'appellate Powers' 'act Supreme Court Order to Review']
['criminal Law' 'trespass' 'practice and Procedure'] ['reasonable Excuse' 'protest and Demonstration' 'animal Welfare Protest' 'appellate Powers' 'act Supreme Court Order to Review']

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Procedural Posture

Appeal From a Judge of the Supreme Court of the Australian Capital Territory Concerning Review of Magistrates Court Orders Dismissing Informations for Trespass Under Subs 11(1) of the Public Order (protection of Persons and Property) Act 1971 (cth) / Federal Court Appeal

Legal Issues

  1. 1 ['Whether the appellants had a reasonable excuse for trespassing on the premises of Parkwood Eggs under subs 11(1) of the Public Order (Protection of Persons and Property) Act 1971 (Cth).' "Whether the magistrate erred by focusing on the appellants' beliefs about cruelty in battery hen farming rather than objectively assessing the reason for entry and remaining on the premises." 'What consequential appellate orders should be made after dismissal of the appeal.']

Ratio Decidendi

The appellants lacked a reasonable excuse because, objectively assessed, their dominant purpose in entering and remaining on the premises was to advance their cause against battery hen farming and gain maximum publicity by chaining themselves to cages and alerting police and media. Genuine and reasonably held beliefs about cruelty, and any low level of seriousness of the trespass, did not justify entering another's premises to protest against a lawful activity. The magistrate erred in treating evidence about cruelty in battery hen farming as establishing a reasonable excuse instead of identifying and objectively evaluating the actual reason for entry.

Court Disposition

Appeal dismissed; judgment of the Supreme Court of the Australian Capital Territory affirmed.

Orders

  • ['The appeal be dismissed.' 'The judgment of the Supreme Court of the Australian Capital Territory be affirmed.']