On August 28, 2020, the Queensland District Court overturned the convictions of two climate protesters for using "locking" devices to obstruct a railway to a coal mine, concluding that the convictions and sentences were overly harsh under the circumstances. 

During the 2019-2020 bushfires in Australia, the two defendants traveled to Queensland to protest the proposed expansion of coal mines in the Bowen basin. The protesters blocked a railway line that provides access to a coal loading facility by using tubular steel attachment devices to "lock" themselves to a 44 gallon drum filled with concrete, creating a device known as a "dragon's den." The devices can only be released voluntarily, or if someone else cuts the device, and cutting the device risks injury to the protesters. The defendants were charged with obstructing a railway; trespassing on a railway; using a dangerous attachment device to interfere with transport infrastructure; and contravening a direction or requirement. The dangerous attachment device offense was a new offense created by 2019 legislation that prohibits the use of devices such as "dragon dens," which was introduced in response to protests against coal mining and regarding climate change. The Acting Magistrate convicted and sentenced the defendants to three months imprisonment for that offense. Convictions were not recorded for the other offenses. 

On appeal, the district court concluded that the device the protesters used fell within the definition of a "dragon's den," but that the gravity of the offense was minimal given the lack of evidence that any loss was suffered, that members of the public were burdened, or that there was violence or the threat of violence. The court further explained that the defendants "have the right to express their views and to protest against an activity to which they object subject only to such restrictions as are prescribed by law and are necessary in a democratic society for (amongst other legitimate aims) the prevention of disorder or crime or the protection of the rights and freedoms of others," and that "the motive for the commission of the offen[s]e will often be relevant to the moral culpability of the offender, the weight to given to personal deterrence and it may affect the weight to be given to general deterrence." The court accordingly allowed the appeal, vacated the convictions and resentenced the defendants to a single fine of $1000.

EH v Queensland Police Service; GS v Queensland Police Service

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EH v Queensland Police Service; GS v Queensland Police Service - opinion

Filed

On August 28, 2020, the Queensland District Court overturned the convictions of two climate protesters for using "locking" devices to obstruct a railway to a coal mine, concluding that the convictions and sentences were overly harsh under the circumstances. 

During the 2019-2020 bushfires in Australia, the two defendants traveled to Queensland to protest the proposed expansion of coal mines in the Bowen basin. The protesters blocked a railway line that provides access to a coal loading facility by using tubular steel attachment devices to "lock" themselves to a 44 gallon drum filled with concrete, creating a device known as a "dragon's den." The devices can only be released voluntarily, or if someone else cuts the device, and cutting the device risks injury to the protesters. The defendants were charged with obstructing a railway; trespassing on a railway; using a dangerous attachment device to interfere with transport infrastructure; and contravening a direction or requirement. The dangerous attachment device offense was a new offense created by 2019 legislation that prohibits the use of devices such as "dragon dens," which was introduced in response to protests against coal mining and regarding climate change. The Acting Magistrate convicted and sentenced the defendants to three months imprisonment for that offense. Convictions were not recorded for the other offenses. 

On appeal, the district court concluded that the device the protesters used fell within the definition of a "dragon's den," but that the gravity of the offense was minimal given the lack of evidence that any loss was suffered, that members of the public were burdened, or that there was violence or the threat of violence. The court further explained that the defendants "have the right to express their views and to protest against an activity to which they object subject only to such restrictions as are prescribed by law and are necessary in a democratic society for (amongst other legitimate aims) the prevention of disorder or crime or the protection of the rights and freedoms of others," and that "the motive for the commission of the offen[s]e will often be relevant to the moral culpability of the offender, the weight to given to personal deterrence and it may affect the weight to be given to general deterrence." The court accordingly allowed the appeal, vacated the convictions and resentenced the defendants to a single fine of $1000. 

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

People who are less able to respond to the effects of climate change due to having limited financial or physical assets

Either money or something of monetary value is transferred between two or more organisations, people or countries.

A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

Replacing technologies that burn fossil fuels directly with alternatives powered by electricity.

Terrestrial means "of the earth" and relates to the risks to ecological system that includes all living organisms and their interactions within land-based environments, such as forests, grasslands, and deserts.

Coal is a combustible sedimentary rock formed from carbonised plant matter, rich in carbon and hydrocarbons, and occurring in several main types including hard coal and brown coal.

Activities of industries that extract natural resources, such as mining, oil, and gas, for commercial use.

The activities of industries that transforms raw materials into finished goods through industrial processes.

This sector involves activities to move goods and people, alongside the storage of products.

Any substance with chemical properties that can cause physical harm to people or damage the environment, including ammonia, carbon monoxide, phosphine, chlorine, arsenic, cadmium, mercury, pesticides, dioxins, microplastics, benzene, asbestos, aflatoxins, fluoride, methanol, and toxins from marine sources.

EH v Queensland Police Service; GS v Queensland Police Service - opinion

Risk

Impacted group

Fossil fuel

Greenhouse gas

Economic sector

Finance