Practitioners advising on wrongful arrest claims in NSW should note that the majority held a positive intent to charge at the time of arrest remains a requirement for lawful arrest under s 99 of LEPRA, notwithstanding the 2013 amendments; however, the dissent's reasoning may be influential in future cases and the issue may not be finally settled.
The full text is available to signed-in members, including the 19 later cases that cite this judgment.
4 of the 19 citing cases carry a classified treatment. How each court treated it is available to signed-in members.