Johnson v Staskos

[2015] WASCA 32

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law and Procedure
2. › Arrest
3. › Lawfulness of arrest
4. › Common law requirement of notice of reason for arrest
5. › Whether common law requirement abrogated by statute
6. › Criminal Investigation Act 2006 (WA), ss 7, 128, 138
1. Criminal Law and Procedure
2. › Arrest
3. › Lawfulness of arrest
4. › Taint doctrine
5. › Whether lawful arrest tainted by concurrent unlawful arrest by another officer
6. › Whether arresting officer's conduct 'so bound up with' unlawful conduct of other officers
1. Criminal Law and Procedure
2. › Assault of police officer
3. › Whether officer performing function of office at time of assault
4. › Criminal Code (WA), s 318(1)(d), s 318(4)(b)
1. Criminal Law and Procedure
2. › Appeal
3. › State appeal against acquittal by single judge
4. › Criminal Appeals Act 2004 (WA), pt 2 div 3

Quick Take

In Western Australia, the common law requirement from Christie v Leachinsky that a person be informed of the reason for arrest at the time of arrest has been abrogated by the Criminal Investigation Act 2006 (WA). The conditions for a lawful arrest are exhaustively stated in s 128 of the CIA, and the right to be informed of the offence arises only after arrest under s 138. A lawful arrest by one officer is not 'tainted' by the concurrent unlawful arrest of the same person by another officer where the first officer's conduct was separate and independent.