The power of arrest without warrant under s 212 of the Crimes Act 1900 (ACT) is directed towards bringing the arrested person before a court; it does not permit arrest for the purpose of questioning or investigation, notwithstanding the availability of statutory provisions permitting detention for investigation after a lawful arrest. Section 138 of the Evidence Act 2011 (ACT) requires a demonstrated causal connection between the illegality and the obtaining of the evidence; where listening devices could have been installed lawfully without the unlawful arrest, the section is not engaged. An opening address by counsel does not constitute 'evidence' for the purposes of s 97(2)(b) of the Evidence Act, but cross-examination adducing tendency evidence about the deceased's aggressiveness does enliven the exception permitting responsive tendency evidence without notice.
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