Clubb, Kathleen v Edwards, Senior Constable Alyce and Attorney-General for Victoria [2020] VSC 49

JUDICIAL REVIEW AND APPEALS - Appeal from Magistrates' Court pursuant to s 272(1) of Criminal Procedure Act 2009 (Vic) - Prohibition on communication in relation to abortions within a safe access zone - Circumstantial case - Whether it was open for the Magistrate to find that the appellant was guilty beyond reasonable doubt - Whether open to find there was a communication 'in relation to abortions' - Alleged failure of Magistrate to make a finding as to actus reus not established - Whether wrong test was applied re distress or anxiety - Where error clearly did not affect the result - Appeal Dismissed - Public Health and Wellbeing Act 2008 ss 185A, 185B, 185C, 185D - Clubb v Edwards; Preston v Avery [2019] HCA 11; 366 ALR 1 applied - DPP v Mariona [2019] VSCA 107 considered - Engebretson v Bartlett (2007) 16 VR 417 applied.