Human Rights Abuses – Melbourne Anti-Lockdown Protest (20th Feb. 2021)

Melbourne Anti-Lockdown Protest (20th Feb. 2021)

St Kilda Rd
Melbourne VIC 3004
-37.839962, 144.977013

Protestor Has a Right to Political Communication – Robert James Brown & Anor v The State of Tasmania [2017] 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 [1998] 1 VR 7.

Induced him into a state of fear and apprehension and also used unreasonable force (Fagan v Commissioner of Metropolitan Police [1969] 1 QB 439; Pritchard v R (1999) 107 A Crim R 88).

Three elements
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 [1969] 1 QB 439; Macpherson v Brown (1975) 12 SASR 184; R v Venna [1976] 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 [1990] VR 641; R v Campbell [1997] 2 VR 585).

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Protest happening now in Melbourne