Whilst on the way to the peaceful gathering, Jason was angered by an advertisement he had seen. The advertisement portrayed the Australian Federal Government reaching its targets. He became agitated and started yelling at what he had seen; he proceeded to deface the advertisement with spray paint. At this stage a Protective Services Officer (PSO) had issued Jason with a fine. However he became violent when told to leave. Victoria Police were called and Jason was charged, convicted and sentenced. At the time, Jason was on parole.
Meanwhile, Caroline attended the rally. During the peaceful gathering Caroline held two signs and a whistle. As the rally proceeded she started blowing the whistle drawing more attention to her, then lit her sign on fire, ‘symbolizing the bush fires as a result of climate change’. She led the rally down Swanston Street, where she decided to start a sit-down. As a result commuters were obstructed from passing in both directions, causing chaos.
Victoria Police stepped in and started removing the protestors from the tram tracks, to enable commuters to continue on with their journeys.
Caroline was placed under arrest and escorted to a police van with other protestors. She was not advised the reason for her arrest however.
2. Does the Charter of Human Rights and Responsibilities Act 2006 (Vic) protect the conduct of Jason?
2.1 The Victorian Parliament protects a range of political and civil rights under the Charter of Human Rights and Responsibilities Act 2006 (Vic)
2.2 In Jaso...
... middle of paper ...
...ptly informed of any legal proceedings which may be brought against them. This is a basic human right.
6.7 Due to the breach of Caroline’s rights under s 39 of Charter. Caroline has the right to seek relief or remedy in respect to the unlawful arrest by Constable Jason Brady.
6.8 In defence of Victoria Police, they acted under s 38 of the Charter. Due to the volume of the unruly protestors, Victoria Police acted in the only way they thought would control the situation. This was to arrest the wayward individuals and round them up. Which may have led to Victoria Police failing to advise Caroline of her immediate arrest.
6.9 Given the similarities in Strano, the appellant brought a claim for unlawful detention and was successful.
6.10 As a result, Victoria Police breached the Charter of Human Rights when they did not advise Caroline of the reason for her arrest.
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