Reeves v NSW

[2024] NSWCA 125

NSW Court of Appeal

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Interrogate

Catchwords

1. Torts
2. › Trespass to the person
3. › Wrongful arrest
4. › Battery
5. › False imprisonment
6. › Whether arrest lawful exercise of power
7. › Whether police officer satisfied arrest 'reasonably necessary'
8. › Whether subjective or objective assessment required
9. › Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), s 99
1. Torts
2. › Trespass to the person
3. › False imprisonment
4. › Detention after arrest
5. › Investigation period
6. › Whether continued questioning after suspect declines to answer constitutes false imprisonment
7. › Whether reading complainant's statement to suspect is permissible use of investigation period
8. › Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), ss 114-116
1. Torts
2. › Trespass to the person
3. › False imprisonment
4. › Detention after arrest
5. › Reasonableness of detention period
6. › Whether time awaiting Apprehended Personal Violence Order and bail determination falls within investigation period
7. › Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), ss 109, 114-116
8. › Bail Act 2013 (NSW), s 44
1. Torts
2. › Malicious prosecution
3. › Malice
4. › Whether proceedings brought to mollify complainant or punish conduct considered inappropriate
5. › Whether recording complainant's desire for matter to proceed to hearing supports inference of malice

Quick Take

The test for 'reasonably necessary' arrest under s 99(1)(b) of LEPRA is subjective (whether the officer was satisfied), subject only to review for manifest unreasonableness, and continued courteous questioning of an arrested person who declines to answer does not render the detention unlawful during the investigation period.