You are a solicitor employed by Thrones Solicitors Sydney in Parramatta, NSW. A partner of the firm gives you the following notes. The information contained in these notes is accurate.

On 23 December 2017, John Summer and his wife Danilena Summer went to Hyaide Park for the annual Christmas market. While they were walking through the park, they saw a food truck that sells various deep-fried snacks. Danilena got three pieces of deep-fried Mars Bars. John bought himself an American corn dog. Danilena finished her deep-fried Mars Bars and tossed the paper snack tray onto the top of a full rubbish bin. After Danilena had walked away, a gust of wind picked the tray from the top of the rubbish bin and it gently floated onto the nearby grass in the park. As they continued walking, John finished his corn dog and threw the corn dog stick over the fence into a person's backyard. Police Officer Sensa saw what they did and fined both Danilena and John. Danilena was fined under s 9(2) of the Litter Act (2000) (NSW) in respect to the paper food tray. John was fined under s 9 (1) of the Litter Act (2000) (NSW) with respect to the corn dog stick.

The Litter Act (2004) (the ACT) contains the following sections.

Section 6 Objects of Act

The objects of this Act are -

1. To enhance the natural and built environment by regulating the depositing of litter, or other material that may become litter; and
2. To facilitate the removal of litter.

Section 9 Littering

1. A person must not deposit litter at a public place. Maximum penalty: 10 penalty units.
2. A person commits an offence if

(a) the person deposits litter anywhere; and

(b) it escapes, or is likely to escape, into or onto a public place. Maximum penalty: 10 penalty units.

Note Escape is defined in the dictionary.

In the dictionary section, escape is defined as 'escape, into or onto a public place, includes fall, descend and percolate, and be blown or washed, into or onto the place'.

(1) Advise John and Danilena.

(2) Also discuss the potential arguments that can be made on behalf of Officer Sensa.