R v Vaiciulevicius [2013] EWCA Crim 153 was an appeal against sentence for an offence of outraging public decency, which is one of the four types of public nuisance I discussed here.When the case is added to Bailii’s database, it should be accessible at this link, but until then, I’ve put a PDF here.The Court …
Continue reading Get a room, or get a cell? R v Vaiciulevicius [2013] EWCA Crim 153
The Magistrates' Court announced on twitter this week that the DPP decided to not appeal the 23 July 2012 decision dismissing trespass charges against protestors at Max Brenner's chocolate bar in Melbourne from 1 July 2011. (The decision is available on the Magistrates' Court website here.)So, what's the effect of all this?Well, the first thing …
Continue reading Lane, beset and Max: public protesting apparently permitted
Public nuisance is an offence contrary to common law. It is an indictable offence: McKell v Rider (1908) 5 CLR 480 at 485 per Griffith CJ. It may now be heard summarily: Magistrates’ Court Act 1989 s 53(1A).The public element requires the nuisance affect the community or public to the extent that it should be …