Mr Innes, a lawyer and human rights advocate who has helped shape anti-discrimination legislation, told the court he explained to Mr Young that the law required him to take the fare, but the driver still refused.

When asked to provide his cab number, Mr Young gave five digits instead of four, which Mr Innes knew to be a false number, the court heard. Mr Innes then reported the cabbie to the Department of Transport, which launched the prosecution.

Mr Young denied the allegations, telling the court he had no problem with the animal and had been unable to move his cab as it was blocked by other taxis.

''I have got a lot of respect for people,'' Mr Young said. ''I love handicapped people.''

Ms Huber found that Mr Young had discriminated against Mr Innes and disagreed with the suggestion made by Mr Young's counsel, Craig Bolger, that no harm had been caused. ''It is because of the harm [caused], which is actual and emotional and psychological, that these sorts of legislation are in place - to ensure that all people are treated equally,'' she told Mr Young.