AD v State of NSW

(2023) 308 A Crim R 367; [2023] NSWCA 115

NSW Court of Appeal

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Interrogate

Catchwords

1. Torts
2. › False imprisonment
3. › Arrest without warrant
4. › Suspicion on reasonable grounds
5. › Whether injuries amounted to grievous bodily harm
6. › Whether arrest reasonably necessary
7. › Review of officer's state of satisfaction
8. › Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), s 99(1)(a), (b)
1. Torts
2. › False imprisonment
3. › Arrest without warrant
4. › Reasonable necessity for arrest
5. › Nature and seriousness of offence
6. › Protection of safety or welfare
7. › Whether court attendance notice was preferable alternative
8. › Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), s 99(1)(b)(iv), (viii), (ix)
1. Torts
2. › Misfeasance in public office
3. › Invalid or unauthorised act
4. › Transfer of children to father's care following arrest
5. › Whether incidental to statutory power of arrest
6. › Whether contrary to Family Court orders
7. › Whether police officer acted maliciously
8. › Whether causative link between actions and loss
1. Torts
2. › Trespass
3. › Entry to premises
4. › Consent
5. › Whether consent given to back-up police officers

Quick Take

An arrest under s 99(1)(b) of the LEPR Act may be challenged only if the arresting officer's state of satisfaction was manifestly unreasonable, arbitrary, capricious, irrational, or not bona fide — mere proof that a different view was reasonably open is insufficient.