Commissioner of Police v Coglin [2024] NSWSC 1412

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of Police v Coglin [2024] NSWSC 1412 Hearing dates: 1, 5 and 6 November 2024 Date of orders: 7 November 2024 Decision date: 07 November 2024 Jurisdiction: Common Law Before: Fagan J Decision: (1) Order pursuant to section 25 of the Summary Offences Act 1988 (NSW) that the holding of public assembly in respect of which the defendant served a notice in accordance with section 23(1) of the Act dated 9 October 2024, as amended by agreement of the parties by a further notice served by the defendant dated 4 November 2024, for a public assembly in the period 22 to 25 November 2024 at Horseshoe Beach, Newcastle and adjoining parkland known as Camp Shortland is prohibited. (2) Order pursuant to section 25 of the Summary Offences Act 1988 (NSW) that the holding of public assembly in respect of which the defendant served a notice in accordance with section 23(1) of the Act dated 9 October 2024, as amended by agreement of the parties by a further notice served by the defendant dated 4 November 2024, for a public assembly in the period 23 to 24 November 2024 on Newcastle Harbour off Horseshoe Beach is prohibited. Catchwords: PUBLIC ASSEMBLY – Summary Offences Act 1988 (NSW) – proposed land assembly and on-water blockade of shipping channel – whether an order prohibiting the assembly should be made – whether orders required to enable police to give directions and make arrests in the course of extended protests – risks to the safety of protestors and police officers – where civil disobedience likely – importance of police retaining full extent of powers to deal with risks – prohibition order made Legislation Cited: Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) Marine Safety Act 1988 (NSW) Marine Safety Regulation 2016 Summary Offences Act 1988 (NSW) Summary Offences Regulation 2020 Cases Cited: Commissioner of Police v Allen (1984) 14 A Crim R 244 Commissioner of Police v Rintoul [2003] NSWSC 662 NSW Commissioner of Police v Keep Sydney Open Ltd [2017] NSWSC 5 Category: Principal judgment Parties: Commissioner of Police (Plaintiff) Briohny Coglin (Defendant) Representation: Counsel: L Gyles SC and M Jaireth (Plaintiff) N Funnell, A Sapienza and G Morgan-Cocks (Defendant)