C v WA Police
COURT OR TRIBUNAL
Supreme Court of Western Australia
DATE FILED (OR FIRST HEARING DATE)
20/06/2023
LITIGATION TYPE
Access to Justice
SUBJECT MATTER
Protest activities
REVIEW TYPE
N/A
SUMMARY
The appellant was charged with trespass for sitting outside the Dumas House in protest of the fact that the State Government had not enacted legislation providing for any ‘net zero’ or emission reductions targets [1]–[3]. The appellant invoked the defence of emergency in s 25 of the Criminal Code (that the State Government’s failure to legislate for emission reduction targets was an emergency) and that he was not criminally responsible [3]. The discussion of climate change therefore arises in determining whether climate change is an ‘extraordinary emergency’ within the meaning of s 25(3)(a) of the Criminal Code (see [3] and the case as a whole). The defence failed [60].
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