Police v Ryan Benjamin CASTLE [2011] NSWLC 22

Local Court New South Wales

Medium Neutral Citation: Police v Ryan Benjamin CASTLE [2011] NSWLC 22 Hearing dates: 17/12/2010, 13/5/2011, 6/6/2011 Decision date: 08 July 2011 Jurisdiction: Criminal Before: Magistrate Bone Decision: The charges of failing without reasonable excuse to comply with the direction of a police officer and causing timber to be cut on Crown timber lands are dismissed Catchwords: CRIMINAL LAW - failing without reasonable excuse to comply with direction of police officer - whether direction lawful - apparently genuine protest - whether reasonable excuse - where logging operation possibly unlawful Legislation Cited: Forestry Act 1916 Law Enforcement (Powers and Responsibilities) Act 2002 National Parks and Wildlife Act 1974 Cases Cited: Darcey v Pre-Term Foundation Clinic [1983] 2 NSWLR 497 Devlin v Armstrong [1971] NILR 13 DPP v Wille & ors (1999) 47 NSWLR 255 R v Bacon & ors [1977] 2 NSWLR 507 R v Hewke & ors (unrep., Maidstone Crown Court, 8/9/08 per Caddick J) Taikato v The Queen (1996) 186 CLR 454 Category: Principal judgment Parties: Police Ryan Benjamin Castle (the accused) Representation: Sgt J Delaroche, police prosecutor Mr W Boom for the accused File Number(s): 2010/108372

JUDGMENT 1The accused is charged with failing, without reasonable excuse, to comply with the direction of a police officer and with causing timber to be cut on Crown timber lands. Early in the prosecution case an objection was taken by the police prosecutor to a line of questioning which had been taken by the accused's solicitor. Because of the importance of the issues which were raised at that time, I gave a written judgement in which I indicated that I considered that the line of questioning was appropriate. Much of the contents of that judgement is repeated in this judgement.