Sydney Protest Arrest: Charged with resisting police or failing to follow a police direction? Our client had all charges dropped after police issued an unlawful move-on order during a peaceful protest.
Case Summary: Sydney Protest Arrest
Our client, we’ll call him Dan*, faced two serious criminal charges following an early morning protest in Sydney:
- Hinder or resist police officer in the execution of duty: Crimes Act 1900 (NSW), s 60(1AA)
- Refuse/fail to comply with direction: Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), ss 197, 199
Our criminal defence lawyers in Sydney challenged the legality of the police action and successfully argued that the police had issued an unlawful move-on direction. All charges were withdrawn before the matter reached hearing.
Sydney Protest Turns Into Arrest
Dan was among a small group of people protesting peacefully outside an industrial site in Sydney when approached by police. Officers issued a move-on direction under LEPRA Part 14, ordering the group to disperse. Dan questioned the legality of the direction and calmly asked which legislative power the officers were relying on. Rather than respond, police officers immediately arrested him. Our client was then charged with resisting police and failing to comply with the direction, despite his actions being non-violent and clearly political in nature.
Read our other successful Criminal Case Studies.
Legal Defence and Case Strategy
Our legal team quickly identified critical flaws in the police conduct:
- The move-on direction was unlawful under Part 14 of LEPRA.
- Dan was arrested not for any criminal conduct, but merely for questioning police authority, which is a right protected under law.
- His arrest constituted unlawful detention and false imprisonment.
- His actions were part of legitimate political expression, protected under common law and human rights principles.
After receiving the brief of evidence and body-worn footage, NSW Police chose to withdraw all charges prior to the court hearing.
Outcome of Sydney Protest Arrest
With the help of our criminal lawyers in Sydney, our client received a successful outcome after his arrest at a Sydney protest.
- Hinder or Resist Police = Charge Withdrawn
- Fail to Comply with Direction = Charge Withdrawn
- All Charges Dropped Before Hearing
This was a clear win for Dan and a reminder that police powers are not beyond question, especially during public demonstrations.
Charged After a Sydney Protest Arrest or Police Interaction? Call our Criminal Defence Lawyers Now
If you’ve been charged with resisting police, failing to comply with a direction, or any offence involving the Crimes Act 1900 (NSW) or LEPRA, you need expert legal advice. At O’Brien Criminal and Civil Solicitors, we regularly represent clients charged in connection with protests, public order incidents, and police encounters.
Contact us today for a confidential consultation and take the first step towards resolution.
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*We always change details in our case studies to protect client confidentiality.
