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High Court Decides What Constitutes Criminal Damage

High Court Hears Protester Appeal – What Constitutes Criminal Damage
Today we argued our appeal in the High Court against an environmental protestor’s conviction for ‘destroy or damage property’ under s 195 of the Crimes Act 1900 (NSW). We are appealing lower court decisions that the protestor ‘damaged’ a coal ship loader by attaching himself to it in protest and rendering it inoperable for a period. The ship loader ceased to operate for safety reasons while the protestor was attached.
The High Court had previously granted the matter special leave to be considered in their appellate jurisdiction. Today, in argument, the Court was asked to consider whether an object or machine can be ‘damaged’ through the protestor’s presence alone.
The charge of ‘destroy or damage property’ carries a maximum penalty of 5 years’ imprisonment. The charge is common in New South Wales and, whilst usually associated with graffiti and vehicle damage, is extending to incidents where police and protestors collide. In this decision, the High Court may narrow the interpretation of the offence providing some protection to people exercising their right to protest.
O’Brien Criminal & Civil Solicitors is committed to pursuing your rights throughout the appeals process. Contact us for your free consultation on (02) 9261 4281
Peter O'Brien Sydney Lawyer
Principal Solicitor & Founder at  |  + posts

Peter O'Brien is the Principal Solicitor of O'Brien Criminal & Civil Solicitors and Australia's leading expert in intentional torts litigation, with over 25 years of experience securing landmark victories in malicious prosecution and unlawful imprisonment cases. Author of Intentional Tort Litigation in Australia and recipient of the Law Council of Australia President's Medal, Peter has achieved record-breaking compensation for clients and is widely recognised for his unwavering commitment to access to justice.

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Peter O'Brien Principal Solicitor & Founder
Peter O'Brien is the Principal Solicitor and founder of O’Brien Criminal and Civil Solicitors, bringing over 25 years of specialised experience in criminal defence and civil litigation.
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Criminal Defence Civil Litigation Defamation Law Intentional Torts Unlawful Imprisonment
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