10 Jul 2009
Appellant's deliberate dangerous conduct on the gantries created substantial common injury and danger that exceeded reasonable tolerance for a demonstration; the right to demonstrate does not protect conduct that unreasonably endangers or obstructs the public, mens rea could be inferred and conviction for common law public nuisance was correctly upheld.
28 Apr 2006
The court quashed the convictions in HCMA 1029/2005 because the Magistrate's findings that the appellant's brief appearance on the closed race-track was likely to cause a breach of the peace and that a one-minute delay caused the requisite common injury were unsupported by evidence. The court upheld the conviction in HCMA 313/2006 because the appellant's planned climb and banner display foreseeably caused significant congestion and obstruction of rights common to the public, and he knew or ought to have known the consequences; the common law public nuisance charge was properly laid. The 21-da…
28 Apr 2006
Convictions for the race-course offences (HCMA 1029/2005) are quashed because although the appellant's conduct on the track was disorderly and unlawful he had not been shown to have caused the requisite common injury nor was there sufficient basis to conclude a breach of the peace was likely; conviction for the Spiderman incident (HCMA 313/2006) is upheld because the appellant's deliberate choice of time, place and conduct foreseeably caused substantial congestion and obstruction of rights common to the public and he knew or ought to have known the consequences; sentencing for HCMA 313/2006 (…