R v. Homewood

Brad Homewood, a climate activist was found guilty and fined $5,000 in the Magistrates' Court of Victoria by Magistrate Andrew Halse, after protesting for hours at the Exxon Mobil’s refuelling facility. Homewood, in relation to him blocking the exit gate of Exxon Mobil's facility in Spotswood and protesting, was charged with four offences. As a defense, Homewood argued that the protest was necessary, because there was a sudden or extraordinary emergency of the climate crisis under Crimes Act 1958 (Victoria) §322R. §322R requires that (i) Homewood reasonably believed that circumstances of sudden or extraordinary emergency exist; (ii) Homewood reasonably believed that the protest was the only reasonable way to deal with the emergency; and (iii) the protest is a reasonable response to the emergency of the climate crisis. To support his case, Homewood submitted expert reports on the severity of global heating and the history of civil disobedience being used to affect political change. However, Magistrate Halse found the reports inadmissible and ruled in favor of the prosecutor. According to a fundraiser launched by Homewood, Homewood is planning to appeal the decision in the Supreme Court of Victoria.