A warrantless arrest under s 99 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) is not valid merely because the officer reasonably believes an offence has been committed; the officer must also intend to charge the person with that offence. The tort of trespass to the person provides sufficient protection against abuse of arrest powers, and no common law duty of care should be superimposed on the exercise of the statutory power of arrest, as this may create disconformity with the statutory scheme.
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