NSW Police v Mulley [2019] NSWLC 5

Local Court New South Wales

Medium Neutral Citation: NSW Police v Mulley [2019] NSWLC 5 Hearing dates: 21 February 2019 Date of orders: 18 April 2019 Decision date: 18 April 2019 Jurisdiction: Criminal Before: Magistrate P Stewart Decision: Not guilty on all counts Catchwords: CRIME- Summary offences - Inclosed lands – relevant area open to public as thoroughfare – banning notice – time limitations on banning notice – move on direction – powers of licensee to ban person Legislation Cited: Inclosed Lands Protection Act 1901 ss 3, 4 Law Enforcement (Powers and Responsibilities) Act 2002 ss 197, 198, 199 Liquor Act 2007 ss 17, 77, 78 Cases Cited: Day v The Ocean Beach Hotel Shellharbour Pty Ltd [2013] NSWCA 250 Giddings v Director of Public Prosecutions [2008] NSWSC 169 New South Wales v Thomlinson [2018] NSWCA 151 Sealey v Tandy [1902] 1 KB 296 Category: Principal judgment Parties: NSW Police (prosecution) Benjamin Mulley (defendant) Representation: Sergeant D Rayner, police prosecutor

Benjamin Mulley, in person File Number(s): 2018/00261372 Publication restriction: Nil

Judgment 1. Benjamin Mulley is charged with 2 counts of unlawful entry on inclosed lands contrary to section 4(1)(b) of the Inclosed Lands Protection Act 1901, and a further count of failing to comply with a move-on direction under Part 14 of the Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA). 2. The matter proceeded by way of defended hearing at Forbes Local Court on 21 February 2019. Mr Mulley represented himself. Some interesting questions of law arose, and the matter was adjourned to afford an opportunity to examine those issues.