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Director of Public Prosecutions v. Fraser and O’Donnell

País/Territorio
Australia
Fecha
May 1, 2008
Fuente
UNEP, InforMEA
Nombre del tribunal
Supreme Court of New South Wales, Common Law Division
Sede de la corte
New South Wales
Número de referencia
[2008] NSWSC 244 (Australia)
Resumen
On 24 September 2007, two environmental activists associated with Greenpeace trespassed into a coal loader owned by Port Waratah Coal Services and halted the operation of the conveyor belt for almost two hours at a cost of approximately $27,000. Police arrested and charged the activists for “maliciously damaging property” under section 195 (1) of the Crimes Act 1900. The prosecutor and counsel for the defendants questioned the meaning of “damages” as it appeared in section 195 and whether the defendants’ actions applied. The magistrate ruled that there were two sorts of damages (physical and monetary) and that the defendants could only be charged for monetary damage, which would constitute a civil crime, not a criminal one. He proceeded to dismiss the charge.

Key environmental legal questions:

Criminal suit against protestors for causing damage to property
Texto completo
Non-US_Director-of-Public-Prosecutions-v-Fraser-and-ODonnell-2008.pdf
Página web
climatecasechart.com