Commissioner of Police v Rintoul

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Citation: Commissioner of Police v Rintoul [2003] NSWSC 662.

This information can be found in the Textbook: Brown et al, Criminal Laws: Materials and Commentary on Criminal Law and Process in New South Wales, (5th edition, Federation Press, 2011), pp. 796-7 or here.

Contents

Background facts

  • The Defendant was a refugee advocate who wanted to protest outside the Minister for Immigration's house.
  • The Defendant applied for an authorisation from the Police Commissioner, who wanted to prohibit the protest because it is outside the private home of the Minister.

Legal issues

Judgement

  • S 24 doesn’t specify considerations for when a protest should be authorised.
  • The making of a prohibition order under s 25 merely deprives participants of protection that s 24 would otherwise afford them - it does not render the protest unlawful.
  • In this case, there wouldn’t be any breach of the peace: residents may be frustrated/annoyed, but it would not amount to a breach of the peace.

References

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