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State of New South Wales v Robinson, Bradford James [2019] HCA 46

POLICE, WORDS AND PHRASES
High Court of Australia
Judge(s): 
Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ
Parties: 

State of New South Wales v Robinson, Bradford James

Judgment Date: 
4 December 2019
Catchwords: 
POLICE – Arrest without warrant – Where s 99(1) of Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) provides that police officer may, without warrant, arrest person if police officer suspects on reasonable grounds that person is committing or has committed offence and police officer is satisfied that arrest is reasonably necessary for one or more specified reasons – Where s 99(3) provides that police officer who arrests person under s 99 must, as soon as is reasonably practicable, take person before authorised officer to be dealt with according to law – Where police officer had not formed intention to charge arrested person with offence at time of arrest – Where police officer had not formed intention to bring arrested person before authorised officer to be dealt with according to law at time of arrest – Where arrested person brought claim for damages for wrongful arrest and false imprisonment – Whether arrest unlawful.WORDS AND PHRASES – "answer a charge for an offence", "arrest", "arrest without a warrant", "as soon as is reasonably practicable", "authorised officer", "dealt with according to law", "false imprisonment", "improper purpose", "intention to charge", "investigation period", "police officer", "power to arrest", "purpose of arrest", "suspects on reasonable grounds".Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), ss 4, 99, 105, 109, 113, 114, 115, 116.
Citation: