The power to enter premises under s 19(1)(a) of the Police Powers and Responsibilities Act 2000 (Qld) to arrest a person does not expire at the moment the arrest is communicated; it continues throughout the lawful detention, entitling the officer to follow the arrested person onto their premises to maintain custody. A trial judge's direction that the jury has been 'deprived of the opportunity of hearing [the accused's] story tested in cross-examination' is erroneous as it suggests the jury was entitled to hear the accused's evidence, contrary to the presumption of innocence and right to silence. For serious assaults on police officers by mature persons with limited criminal history who go to trial on a point of law, a sentence of 12 months imprisonment wholly unsuspended may be manifestly excessive where significant mitigating factors exist.
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