Badran v Public Transport Authority of Western Australia

[2017] WASCA 28

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Statutory Interpretation
2. › Meaning of 'obstructs, hinders, impedes'
3. › Whether mere refusal to provide information constitutes obstruction
4. › Distinction between passive refusal and positive act of obstruction
5. › Public Transport Authority Regulations 2003 (WA), reg 40
1. Tort
2. › False imprisonment
3. › Lawfulness of arrest
4. › Arrest by security officers
5. › Whether power of arrest enlivened
6. › Whether offence committed that authorised arrest
7. › Public Transport Authority Act 2003 (WA), s 58(3)
1. Criminal Law
2. › Offences
3. › Obstruction of public officers
4. › Whether failure to provide personal details constitutes obstruction
5. › Public Transport Authority Regulations 2003 (WA), reg 40
6. › Criminal Investigation (Identifying People) Act 2002 (WA), s 16
1. Appeal
2. › Standard of appellate review
3. › Challenge to findings of fact
4. › Whether finding glaringly improbable or contrary to compelling inferences

Quick Take

A mere refusal or failure to provide personal details (such as date of birth) to a security officer does not constitute 'obstructing, hindering or impeding' that officer within the meaning of reg 40 of the Public Transport Authority Regulations 2003 (WA), and therefore does not enliven the power of arrest under s 58(3) of the Public Transport Authority Act 2003 (WA). Something more than passive non-compliance is required. The existence of a separate statutory obligation to provide personal details under the Criminal Investigation (Identifying People) Act 2002 (WA) does not convert a failure to comply into an obstruction offence under the Public Transport Authority legislation.