Jankovic v Director of Public Prosecutions

(2020) 281 A Crim R 378; [2020] NSWCA 31

NSW Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Offences against police
3. › Execution of duty
4. › Whether police in execution of duty when alleged offences committed
5. › Lawfulness of arrest without warrant
6. › Whether arresting officer satisfied arrest 'reasonably necessary'
7. › Meaning of 'reasonably necessary'
8. › Need for evaluative judgment and consideration of alternatives
9. › Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), s 99(1)(b)
1. Administrative Law
2. › Judicial review
3. › Jurisdictional error
4. › Inferior courts
5. › District Court criminal appeal
6. › No evidence ground
7. › Whether finding of fact without basis in evidence constitutes jurisdictional error
8. › Where court's function confined to deciding 'on the basis of' evidence given in Local Court
9. › Crimes (Appeal and Review) Act 2001 (NSW), s 18
10. › District Court Act 1973 (NSW), s 176
1. Administrative Law
2. › Judicial review
3. › Jurisdictional error
4. › Stated case to Court of Criminal Appeal
5. › Refusal to submit question of law
6. › Whether refusal on erroneous basis that question was frivolous and baseless constituted constructive refusal to exercise jurisdiction
7. › Criminal Appeal Act 1912 (NSW), s 5B

Quick Take

Practitioners advising on the lawfulness of arrests without warrant under LEPRA s 99 should note that the arresting officer must engage in an evaluative process considering alternatives to arrest, and that evidence of a predetermined decision to arrest without consideration of alternatives will not support a finding that the officer was 'satisfied' the arrest was 'reasonably necessary'.