Under s 198(2) of the Police Powers and Responsibilities Act 2000 (Qld), the police officer who physically effects an arrest without warrant must personally hold the reasonable suspicion that the person has committed an indictable offence; it is not sufficient that a superior officer who ordered the arrest held that suspicion. Section 52(1) of the Civil Liability Act 2003 (Qld) does not preclude aggravated damages for assault, battery or false imprisonment where those damages do not include compensation for personal injury, even where the plaintiff also claims personal injury damages. The question whether the CLA applies at all to intentional torts was expressly left open.
The full text is available to signed-in members, including the 18 later cases that cite this judgment.
2 of the 18 citing cases carry a classified treatment. How each court treated it is available to signed-in members.