Antaw v R; Kitson v R; Lee v R [2021] NSWDC 820

Antaw v R; Kitson v R; Lee v R [2021] NSWDC 820

At the material time, the public assembly was no longer held substantially in accordance with particulars amended and agreed with the Commissioner, and thus s 24 protection did not apply. Each police officer held reasonable grounds for belief that the appellants, by remaining on the roadway, were obstructing traffic. Each appellant was given a valid direction, was warned of consequences, and expressly refused or failed to comply, persisting in the relevant conduct after the direction. Therefore, the offence under s 199 of LEPRA was made out for each appellant.

Jurisdiction
Australia
Judgment Date
05 March 2021
Procedural Posture
Appeal / Conviction Appeal From Local Court to District Court
Outcome
Conviction appeals dismissed; offence proven for each appellant.
Legal Topics
['appeal From Local Court' 'refuse/fail to Comply With Police Direction' 'authorised Public Assembly' 'obstructing Traffic' 'reasonable Grounds for Police Belief' 'requirement of Persistence Under S 199']
['criminal Law'] ['appeal From Local Court' 'refuse/fail to Comply With Police Direction' 'authorised Public Assembly' 'obstructing Traffic' 'reasonable Grounds for Police Belief' 'requirement of Persistence Under S 199']

Case Brief

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Procedural Posture

Appeal / Conviction Appeal From Local Court to District Court

Legal Issues

  1. 1 ['Whether appellants were participating in an authorised public assembly affording statutory protection at the relevant time' "Whether police officers had reasonable grounds to believe appellants' presence obstructed traffic" "Whether appellants 'persisted' after police direction as required by s 199 of LEPRA"]

Ratio Decidendi

At the material time, the public assembly was no longer held substantially in accordance with particulars amended and agreed with the Commissioner, and thus s 24 protection did not apply. Each police officer held reasonable grounds for belief that the appellants, by remaining on the roadway, were obstructing traffic. Each appellant was given a valid direction, was warned of consequences, and expressly refused or failed to comply, persisting in the relevant conduct after the direction. Therefore, the offence under s 199 of LEPRA was made out for each appellant.

Court Disposition

Conviction appeals dismissed; offence proven for each appellant.

Orders

  • ['For each appellant, offence proven and conviction appeal dismissed.']