Hari Hogan, who identifies as non-binary, is a #metoo activist, charged with disturbing the peace due to protesting and yelling at politicians about their record on women's safety and rights in Australia's parliaments.

Hari was arrested and detained in Blacktown police lockup alongside Seamus, and both appear before the NSW magistrates court with regards to disturbing the peace. Hari and Seamus both lie to the court as they don't want their other friend Margaret to get into trouble. The Magistrate uncovers their lying, and they are charged with contempt of court, to be heard in the Blacktown District Court in three days' time. Whilst in police lockup, Hari requests access to a private toilet to respect Hari's dignity as a non-binary person, which is refused.

Hari and Seamus' cases are heard on different days, by the same judge, and both are found guilty by the judge of both disturbing the peace, and contempt of court. Seamus is sentenced to 6 months prison, suspended wholly. Hari is sentenced to one year prison.

Hari engaged you as legal counsel and wishes to appeal the conviction and sentence as a fundamental breach of Hari's rights, freedoms, and civil liberties. Hari contends that this breach is on three grounds:

1. Hari was not afforded a trial by jury, as stipulated in s80 of the constitution, and therefore was illegally found guilty;
2. As a non-binary person, Hari was the subject of sex discrimination in sentencing; and
3. Hari's rights under Article 10(1) of the International Covenant on Civil and Political Rightswere breachedwhen denied access to a private toilet in Blacktown police lockup.

YOUR TASK:

Advise Hari.