Each police officer who exercises a power of entry under LEPRA ss 9 or 10 must individually hold the prescribed state of mind; the state of mind of a senior or arresting officer cannot be imputed to assisting officers. However, the requisite state of mind can be inferred from circumstantial evidence including radio broadcasts, briefings, observations at the scene, and the overall context of the incident. Entry to premises under LEPRA s 10 does not require that the subsequent arrest be lawful under s 99 — the two provisions have independent spheres of operation. The concept of 'breach of the peace' in LEPRA s 9(1)(a) is broad and includes threatened self-harm, not only harm to third persons.
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