Public statements by government ministers justifying or endorsing unlawful police conduct, made after the tortious events, are relevant to and may sound in exemplary damages against the State. The elements of trespass under s 17A(1) of the Summary Offences Act 1953 (SA) require knowledge on the part of the trespasser that they are trespassing and a request to leave which is refused; failure to make a proper request to leave means the offence is not made out and any arrest is unlawful. Detention for breach of the peace requires a reasonable apprehension of an imminent breach; mere trespass or disobedience of a police direction does not constitute a breach of the peace.
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