A statement to a person that they will be arrested if they do not supply their details is not necessarily sufficient to inform them of the true reason for their arrest under Christie v Leachinsky, particularly where the statement is equivocal in context or where intervening events sever the connection between the statement and the actual arrest. Section 352 of the Crimes Act 1900 (NSW) requires the arrest to be for the offence the officer actually suspects was committed; an officer cannot arrest for one offence while telling the person the arrest is for another. A hole in a fence to railway land does not create an implied licence to enter, and a tolerated trespass does not give rise to an implied licence. Medical evidence admitted in proceedings is available for credit findings unless its use is limited under s 136 of the Evidence Act 1995.
The full text is available to signed-in members, including the 16 later cases that cite this judgment.
2 of the 16 citing cases carry a classified treatment. How each court treated it is available to signed-in members.