› appellant charged with assaulting police officer in execution of duty
› prosecution failed to prove beyond reasonable doubt that police officer had reasonable grounds for apprehending the appellant and taking him into protective custody
› conduct in furtherance of the unlawful apprehension not in execution of duty
› guilty findings quashed.
Police Administration Act s 121, s 127A & s 128
Criminal Code (NT) s 189A
Libke v The Queen [2007] HCA 30; (2007) 230 CLR 559; M v The Queen [1994] HCA 63; (1994) 181 CLR 487; Majindi v Balchin [2011] NTSC 40, applied.
Case Details
Citation[2015] NTSC 63
CourtNTSC
JurisdictionNorthern Territory
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