Where a police officer requires a driver to accompany them under s 55(1) of the Road Safety Act 1986 (Vic), the requirement (including the proposed means of travel) must be objectively reasonable. If the proposed manner of compliance is objectively unreasonable, the prosecution will fail to establish the element of 'refusal' under s 49(1)(e). Requiring a driver to travel in the lockable rear compartment of a divisional van does not in all circumstances constitute imprisonment, but the reasonableness of such a requirement must be assessed in all the circumstances. The Court was divided on whether the standard is objective reasonableness (Nettle and Redlich JJA) or Wednesbury unreasonableness (Maxwell P).
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