Case 31: Political protest in a shopping complex was not trespass

Sixteen protesters from a larger group of 150-200 people were charged with trespass and besetting after they took part in a political demonstration outside a shop in the QV Square in Melbourne. The protesters successfully used the Victorian Charter to defend the trespass charge by arguing that the trespass laws must be interpreted to allow protest consistent with the rights to freedom of expression, peaceful assembly and freedom of association. The Court noted that the nature of the inconvenience caused by the protest was not enough to justify prohibiting it. The Court also dismissed the besetting charge, ruling that the protesters did not surround the premises with hostile intent or hinder or impede the public from entering, using or leaving the shop.

Source: Victoria Police v Anderson (Magistrates’ Court of Victoria, 2012), Human Rights Law Centre, Protecting protesters’ rights using Victoria’s Human Rights Charter: Your advocacy guide, p. 2018.