Police officers exercising powers under s 50 of the Police Powers and Responsibilities Act 2000 (Qld) to deal with breaches of the peace are constrained by s 615 to use only objectively reasonably necessary force; it is not sufficient that the officer subjectively considered the force reasonably necessary. On appeal from a Magistrates Court to the District Court by way of rehearing, the judge must state reasons for rejecting the magistrate's findings of fact and for making contrary findings, and must adequately address each element of defences raised on the evidence.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.
1 of the 5 citing cases carry a classified treatment. How each court treated it is available to signed-in members.