Howard v Senior Constable Risteski [2012] NSWSC 1150

Supreme Court New South Wales

Medium Neutral Citation: Howard v Senior Constable Risteski [2012] NSWSC 1150 Hearing dates: 11 September 2012 Decision date: 24 September 2012 Jurisdiction: Common Law Before: Rein J Decision: 1. Appeal dismissed and conviction and penalty confirmed. 2. No order as to costs. Catchwords: CRIMINAL LAW - appeal from Local Court - whether Magistrate erred in law in holding that plaintiff was on inclosed lands - whether s 3(2) of the Inclosed Lands Protection Act 2011 applicable - where plaintiff was situated on a road - where authority barricaded road pursuant to s 115 of the Roads Act 1993 and erected fencing over nearby parkland - plaintiff was not located on a "road" for the purposes of s 3(2), the land not being a public thoroughfare at the time of the incident Legislation Cited: Crimes (Appeal and Review) Act 2011 Inclosed Lands Protection Act 1901 Interpretation Act 1987 Roads Act 1993 Towns Police Act (1838) 2 Vic No 2 (repealed) Cases Cited: Colonial Sugar Refining Co Ltd v Pedley [1911] St R Qd 255 Director of Public Prosecutions (NSW) v Strang [2011] NSWSC 259 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355 Wilson v State Rail Authority of New South Wales [2010] NSWCA 198; (2010) 78 NSWLR 704 Texts Cited: New South Wales Legislative Council, Parliamentary Debates (Hansard) 30 August 1939 at 5877 Category: Principal judgment Parties: Peter Michael Howard (Plaintiff) Senior Constable Robert Risteski (Defendant) Representation: Counsel: C L Fraser (Plaintiff) Solicitors: R Haricharan (Plaintiff) Crown Solicitor (Defendant) File Number(s): SC 2012/104374