individual communication to the united nations ... - Community Law

10“I consider the criminal act to be constituted by the threats of injury made to Mrs Gandy on 9January 2000 in the middle of the night by the two men, one holding a stick and the other along torch, who forced their way into the house where she was residing and by their threatsforced Mrs Gandy and her family to leave the property. The criminal act may be described asthat of an aggravated assault. It is unnecessary therefore to determine to what extent theforced re-entry by a landlord in these circumstances constitutes an act of violence. However, Inote that notwithstanding the claim by police that the dispute between the Gandys and theirlandlord was a civil matter, forcible entry by a landlord has traditionally been viewed as abreach of the peace, which is also an offence.” 411.3 Event ChronologyDateIn about July 1999EventMr Gandy makes a verbal agreement with William Burrell:- Mr Burrell gives a number of birds and some equipment to MrGandy in order for him to start his own business- In return, Mr Gandy was to breed the birds and give Mr Burrell3 offspring for every bird given to him originally 4230/07/99 Mr and Ms Gandy commence tenancy of the Stradbroke property,owned by Mr Vincent Barker, and move in with their children:- Rent agreed at $100 per week for 18 months, paid fortnightly incash- No written lease agreement 4306/01/00 Notice to Vacate:- Notice to vacate on 08/01/00 4409/01/00 Mr Gandy telephoned for Police Assistance:- at 3am two armed men, Mr Neville Barker and accomplice,forced entry into property, Lot 2- at 4am Mr Gandy telephoned police from neighbouring propertyof Mr and Mrs H Limm of Nicholls Road, Stradbroke- Constables Goodsell and Johnson advise Mr and Mrs Gandy thatno criminal offence has been committed by Mr Neville Barker- Ms Gandy, her children and her nephew travelled to Melbournebecause Ms Gandy feared for her family‟s safety 4525/04/00 or26/04/00Mr and Ms Gandy‟s meeting with Police:- Mr and Ms Gandy returned to Sale and visited the policestation to speak to Senior Sergeant McIlwaine to ask for hisassistance to resolve the situation and to find out whathappened to an order made by VCAT in January 2000 4641 See attachment marked “U” at paragraph 27.42 See attachment marked “M”.43 See attachment marked “Q” and “U” at paragraph 5 and marked “F” at paragraph 6 and marked “Q” atparagraph 1.44 See the attachment marked “L”.45 See attachment marked “KK”.46 See attachment marked “DD”.Ashling Gandy v Australia, Individual Communication to the Human Rights Committee