Wenny Theresia v DPP [2007] NSWDC 237

New South Wales District Court

CITATION: Wenny Theresia v DPP [2007] NSWDC 237

HEARING DATE(S): 2 November 2007

JUDGMENT DATE: 2 November 2007

EX TEMPORE JUDGMENT DATE : 21 October 2011

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

DECISION: Appeal upheld.; Finding of guilt confirm. ; Conviction set aside.

CATCHWORDS: Criminal Law - District Court Severity Appeal - s.10 discharge sought - charge arises out of protest action - appellant member of protest group - group protests against loading of coal for export - entry to premises limited to authorized person - protest group enters premises - group splits into smaller groups - coal recaimers and stackers targeted - facility forced to close and work ceases for half a day - appellant with others targets specific coal relcaimer - refused police direction - appellant charged - guilty plea - studying Arts/Law - concerned conviction would effect her future - criteria for s.10 discharged discussed - extenuating circumstances - offender fails to understand nature and consequences of conviction.

LEGISLATION CITED: Crimes (Sentencing Procedure) Act

PARTIES: Wenny Theresia Regina

FILE NUMBER(S): 07/32/0669

SOLICITORS: Appellant: Mr Anthony Respondent: Ms Irwin

JUDGMENT

1 HIS HONOUR: A judge's task is to uphold the rule of law without fear or favour. That is a promise that I made at my swearing in. It is an obligation I am required to keep. Nothing I say should be seen as taking one side or the other in respect of the protest that was launched and in which this appellant took part. But there are a number of things that can be noted.

2 There is a right of free speech. The exercise of that right may take many lawful forms, such as the march across the Sydney Harbour Bridge for the Stolen Generation, such as march through Sydney streets against the war in Iraq, the march through the Melbourne streets against the war in Vietnam.