Coleman v. Power
Australia High Court
[2004] HCA 39 (2004)
- Written by Mary Katherine Cunningham, JD
Facts
Patrick Coleman (defendant) was distributing pamphlets in Townsville, Queensland. The pamphlets alleged corruption by several police officers, including Brendan Power (plaintiff). Power asked for a copy of the pamphlet. In response, Coleman pushed Power and said, “This is Constable Brendan Power, a corrupt policeman.” Power then arrested Coleman under § 7(1)(d) of the Vagrants, Gaming and Other Offenses Act 1931. The magistrate found that Coleman had not been protesting any laws or policies because he had been conducting a campaign against the Townsville police officers named in the pamphlet. The magistrate therefore found Power’s decision to arrest Coleman had been justified, because Coleman’s words had been intended to provoke an arrest. Coleman appealed his conviction to the Australian High Court.
Rule of Law
Issue
Holding and Reasoning (Kirby, J.)
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