A " Homeless " reprieve !

Each state crafts it's own laws to regulate the use of public space and deter backpackers or the homeless from camping in parks or on beaches.  A prosecution that wound it's way from the local court to the Supreme court has delivered a verdict that will prove a major headache for councils.

A homeless man who had lived rough on the streets of Sydney since 1992 was charged under a " No Camping " law with bedding down for the night in Martin Place.    The police observed him in a sleeping bag and it seemed to be a very predictable outcome.   The magistrate found him guilty and imposed a fine of $ 550, but this man engaged a clever lawyer - and the case went on to the Supreme court.

It seems that the court had problems with the definition of  " camping ".    While it was agreed that he had spent some time in a sleeping bag, it was also proven that he had walked to a nearby Salvation Army facility to have a  cup of coffee and transact some arrangement over a blanket.   There was also some doubt over his clothing.   He was seen in the same clothes over several days, but witnesses also remembered him wearing a red raincoat on some occasions.   The Supreme court decided that these discrepancies cast sufficient doubt for the " camping " charge to be dismissed.

The law system in Australia is based on precedent.   The findings of a lower court can be overturned by appeal to a superior court and now every council in New South Wales will need to rethink the statutes they apply to regulate camping - or whatever other use the public may find to do - in public places.   It also opens a can of worms if past convictions for this offence become subject to appeal.

For the homeless, it is a timely reprieve.   Civic authorities generally like to keep those down on their luck well out of sight.   The laws are used with discretion, moving those sleeping rough from the more public parts of the city to areas considered less salubrious.   Unfortunately, this creates a greater danger factor from those who prey on the defenceless.

The main benefit from this Supreme court decision is the likelihood that the number of homeless people will be much more apparent to the public - and that will persuade the politicians and the civic authorities to pay more attention to the problem.   The vast majority of the homeless are not there by choice.   It is not a problem to be ignored !