BROWN v VICTORIA (No 3)

79 VR 409·Harris J
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79 VR 409
BROWN v VICTORIA (No 3) Supreme Court of VictoriaHarris J 17–21, 24, 26, 28 February, 3–7, 13 March, 11, 12 June 2025, 12 December 2025[2025] VSC 765Tort — Battery — Lawful justification — Self-defence — Effecting arrest — Use of force by police to effect arrest — Protest — Police deployed oleoresin capsicum foam on protesters — Whether police officers had lawful justification for use of force — Crimes Act 1958 (Vic), ss 322K, 322N, 458, 459, 462A — Summary Offences Act 1966 (Vic), s 6.

On 30 October 2019, an International Mining and Resources Conference (IMARC) was held at the Melbourne Convention and Exhibition Centre (MCEC). The plaintiff and others attended to protest about environmental and climate issues. Victoria Police officers moved to arrest two protesters who had climbed poles supporting the roof of the MCEC forecourt. Protesters, including the plaintiff, gathered around the base of each pole. In the events which followed, two police officers sprayed oleoresin capsicum (OC) foam at protesters including the plaintiff.

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