Melbourne Anti-Lockdown Protest (20th Feb. 2021)
St Kilda Rd
Melbourne VIC 3004
Protestor Has a Right to Political Communication – Robert James Brown & Anor v The State of Tasmania  HCA 43.
These agents had no reasonable suspicion of an offence.
Rule of Proportionality – no possible defence for their assault of this man.
Common law assault is an indictable offence.
Case In Point – R v Patton  1 VR 7.
Induced him into a state of fear and apprehension and also used unreasonable force (Fagan v Commissioner of Metropolitan Police  1 QB 439; Pritchard v R (1999) 107 A Crim R 88).
1. Assault involving the application of force has three elements:
i) The accused applied force to the complainant’s body;
ii) The application of force was intentional or reckless; and (Fagan v Commissioner of Metropolitan Police  1 QB 439; Macpherson v Brown (1975) 12 SASR 184; R v Venna  QB 421; R v O’Conner (1980) 146 CLR 6).
iii) The application of force was without lawful justification or excuse. (on the basis of political communication)
For the application of force to have been “reckless”, the accused must have realised that his or her conduct would probably result in force being applied to the complainant’s body (R v Crabbe (1985) 156 CLR 464; R v Nuri  VR 641; R v Campbell  2 VR 585).
#melbourne #protest #now #live #melbournedetectivemedia
Protest happening now in Melbourne
We will remember them.
Scum of the highest degree always have been always will be and only an order away from opening fire on peaceful civilians