Evidence of offences committed after an unnecessary protective custody apprehension under s 128 of the Police Administration Act (NT) may be excluded under s 138 of the Evidence (National Uniform Legislation) Act (NT) where the offending was the anticipated or expected outcome of the apprehension. Police General Order A7, requiring arrest to be an action of last resort, informs the standard of propriety for s 138 purposes. The approach of Hall J in DPP v AM — that offences stemming from an ill-advised arrest may be 'obtained' within s 138 where they are the objectively anticipated or expected outcome — is the correct approach in the Northern Territory.
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