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Sydney Criminal Lawyers responds to Danny Lim arrest
Sydney Criminal Lawyers has issued a response to last week's arrest of well-known local activist Danny Lim.
Emma Musgrave
Source: Sydney Criminal LAwyers website
Last Friday NSW Police charged Mr Lim with offensive conduct over the sandwich board sign he was wearing, which read “SMILE CVN’T! WHY CVN’T?”
Following Mr Lim’s arrest, a photograph was released on the activist’s Facebook page, displaying his bruised and bloodied arms which allegedly occurred as a result of NSW Police's handling.
In an update to its website, Sydney Criminal Lawyers provided some insight into the arrest, explaining that section 4 of Summary Offences Act 1988 stipulates that “a person must not conduct himself or herself in an offensive manner in or near, or within view or hearing from, a public place or a school”, noting that merely using offensive language does not constitute this crime.
“The maximum penalty for someone guilty of this offence is a $660 fine or 3 months behind bars. The legislation contains a defence to a charge of offensive behaviour, which is where the defendant has ‘reasonable excuse for conducting himself or herself in the manner’,” the firm clarified.
“The Summary Offences Act does not define what constitutes offensive conduct or specify acts which may lead to a charge. It is therefore left to the courts to determine what behaviour is offensive, using the hypothetical ‘reasonable person’ test as the measure.”
That being said, Sydney Criminal Lawyers noted that the court “already gave the green light” to Mr Lim, following a previous arrest in 2015.
“... this isn’t the first time NSW police has charged Mr Lim with this offence. On 24 August 2015, officers issued him with a $500 fine and a move-on order for offensive conduct at the intersection of New South Head Road and Ocean Street in Edgecliff,” it explained.
“At the time, Danny was wearing a sandwich board, the front of which read: ‘PEACE SMILE. PEOPLE CAN CHANGE. ‘TONY YOU CUN’T.’ LIAR, HEARTLESS, CRUEL’. And the back read: ‘TRICKY LYING TONY YOU C∀N’T SCREW EDUCATION HEALTH, JOBS & THE ENVIRONMENT’.
“The obvious offence is the use of the upturned ‘A’ in the word ‘can’t’, which can also be construed as referring to then PM Tony Abbott as a ‘c**t’. And despite a crowdfunding page raising the $500 for the fine in 56 minutes, Mr Lim decided to fight it in the Waverley Local Court.
“On the 9 February 2016, Magistrate Lisa Stapleton said it was a ‘straightforward case’, as she asserted that any reasonable person would find the impugned words offensive when used as a reference to the prime minister. And she found Mr Lim guilty of the offence.
“Mr Lim went on to appeal this decision to the NSW District Court. Judge Andrew Scotting stated on 29 August 2017 that ‘the language was clearly a play on words’. And he further reasoned that, ‘If the appellant’s conduct was offensive, contrary to my view, in my view it was only marginally so’.
“Judge Scotting said that he was not satisfied beyond a reasonable doubt that Mr Lim’s behaviour warranted a crime under section 4. And he ordered that the appeal be allowed, Lim’s conviction be quashed, and the fine be set aside.”
Overall, Sydney Criminal Lawyers expressed concern that last Friday’s incident involving Mr Lim brings further question about the notion of police brutality occurring on Australian ground.
“This incident of police brutality comes at a time when the behaviour of NSW police is increasingly being questioned in the community. Figures released last month revealed that the use of strip searches by police has grown by 47 per cent over the last four years,” the firm said.
“Not only is this invasive practice becoming routine, but there are reports its being carried out on Aboriginal children as young as 11. And the Law Enforcement Conduct Commission (LECC) has announced it is investigating allegations that officers are abusing these powers.
“Indeed, the LECC 2016-17 report revealed that over the two years prior, 17 former and current NSW police officers had been prosecuted over misconduct and corruption charges. This included officers who were charged with lying about the shooting of a mentally ill man.”
The matter against Mr Lim continues, with he and his legal team announcing at a protest held on Sunday that they will be challenging his new charge, as well as taking legal action against the officers involved.
Emma Musgrave
Emma Musgrave (née Ryan) is the managing editor, professional services at Momentum Media.
Emma has worked for Momentum Media since 2015, including five years spent as the editor of the company's legal brand - Lawyers Weekly. Throughout her time at Momentum, she has been responsible for breaking some of the biggest stories in corporate Australia. In addition, she has produced exclusive multimedia and event content related to the company's respective brands and audiences.
Prior to joining Momentum Media, Emma worked in breakfast radio, delivering news to the Central West region of NSW, before taking on a radio journalist role at Southern Cross Austereo, based in Townsville, North Queensland.
She holds a Bachelor of Communications (Journalism) degree from Charles Sturt University.
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