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NSW v Bradford 2019 HCA 46 – “Power of a police officer to arrest a person, without a warrant”

STATE OF NEW SOUTH WALES v BRADFORD JAMES ROBINSON
[2019] HCA 46

Power of a police officer to arrest a person, without a warrant
i.e. s 99 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW)

An Apprehended Violence Order (“AVO”) – Mr Robinson (Respondent).

Requested by police for interview

Constable arrested him (informed he was being arrested for breaching the AVO).

Constable had no intention, at the time of the arrest, of bringing Mr Robinson before a Magistrate.

Mr Robinson was interviewed, then he was released without charge.

Mr Robinson brought a claim for damages for wrongful arrest and false imprisonment

State of New South Wales (“the State”) defended on the basis that the arrest was authorised by the Act.

Mr Robinson was unsuccessful in the District Court.

The Court of Appeal allowed his appeal.

The HCA unanimously held that in New South Wales, at common law,
an arrest can only be for the purpose of taking the arrested person before a magistrate

HCA held that the constable DID NOT have the power
to arrest Mr Robinson pursuant to s 99; no intention to charge him.

Conclusion;

(i) you cannot be “invited” to be arrested.
(ii) intention to charge must be in the mind of the informant prior to arrest
(iii) detained person must be taken before a magistrate within a practical time period.

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  1. In previous videos you seem to make sure that your face isnt exposed for your reasons. Just letting you know your reflection on the monitor is quite clear. (Just in case you didnt realise) cheers

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