Raul Bassi v Commissioner of Police (NSW) [2020] NSWCA 109

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Raul Bassi v Commissioner of Police (NSW) [2020] NSWCA 109 Hearing dates: 06 June 2020 Date of orders: 06 June 2020 Decision date: 09 June 2020 Before: Bathurst CJ, Bell P, Leeming JA Decision: 1. To the extent necessary grant the appellant leave to appeal.

2. Appeal allowed.

3. Declare that the assembly the subject of the notice which is Annexure "B" to the affidavit of Raul Bassi affirmed on 5 June 2020 is an authorised public assembly.

4. No order as to costs. Catchwords: APPEAL – whether appeal involved a violation of s 27(2) of the Summary Offences Act 1988 (NSW).

PUBLIC ASSEMBLY – Summary Offences Act 1988 (NSW) – whether public assembly was authorised – whether Commissioner of Police had communicated non-opposition to notification of a proposed public assembly within the meaning of s 23(1)(f) of the Summary Offences Act – whether amendment of particulars to timely notification amounted to a new notice of intention. Legislation Cited: Summary Offences Act 1988 (NSW) ss 23, 24, 25, 26, 27 Summary Offences Regulation 2015 (NSW) cl 13, Sch 1 Category: Principal judgment Parties: Raul Bassi (Appellant) Commissioner of Police (NSW) (Respondent) Representation: Counsel: S Lawrence, F Graham (Appellant) M Spartalis (Respondent)

Solicitors: Peter O'Brien, O'Brien Criminal and Civil Solicitors (Appellant) Nicholas Regener, Makinson d'Apice Lawyers (Respondent) File Number(s): 2020/170442 Publication restriction: N/A Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Common Law Date of Decision: 05 June 2020 Before: Fagan J File Number(s): 2020/168403