Section 352(2)(a) of the Crimes Act 1900 (NSW) authorises a constable to arrest without warrant any person whom the constable, with reasonable cause, suspects of having committed any offence punishable under any Act, including common assault — the words 'any such offence' refer back to s352(1)(a), not to 'serious indictable offence' in s352(1)(b). This interpretation survived the 1999 amendments abolishing the felony/misdemeanour distinction. Police who attend a civil dispute to prevent a breach of the peace and maintain a passive, neutral stance do not become joint tortfeasors with a party to the dispute, even if that party is committing a trespass. Police owe no private law duty of care to prevent breaches of the peace.
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