Kerr J said: ‘If there were in the last analysis no more in this case than a quiet peaceful gathering on the lawn (in front of the premises of the United States Embassy) of persons shouting slogans and carrying placards of the kind in question here, with no risk of intrusion or damage to the premises, I would have some doubt whether there was any basis for believing that such action in such a place could reasonably amount to impairing the dignity of the mission, which is, after all, a political body. As such, it must presumably accommodate itself to the existence of strong disagreement with some of the policies of its government and to the direct and forceful verbal expressions of such disapproval. I appreciate that something may turn on the closeness of those concerned to the premises and on the extravagance or insulting nature of the language used, but, for myself, I would like to keep this whole subject open until, if ever, it arises for decision.’
‘So far as the courts are concerned, when offences are alleged to have been committed and the police make arrests and prosecutions follow, the role of the courts is simply to decide the question of guilt or innocence and the penalty to be imposed in the event of a finding of guilt. It is for other parts of the structure of democratic institutions in society to deal with the problems, if any, of selective law-enforcement.’
Judges:
Kerr J
Citations:
(1970) 17 FLR 305
Jurisdiction:
Australia
Cited by:
Cited – Aziz v Aziz and others CA 11-Jul-2007
The claimant sought return of recordings and of money paid to the defendant through an alleged fraud or threats. She was the former wife of the Sultan of Brunei and head of state, who now sought an order requiring the court to protect his identity . .
Lists of cited by and citing cases may be incomplete.
International, Criminal Practice
Updated: 30 November 2022; Ref: scu.254617